AHMED JOO ZERGAR Vs. SAJA

JUDGEMENT

(1.) THIS civil revision is directed against the order dated: 13 -10 -1984 passed by the learned Munsiff, Tral, holding that he as the Civil Court has jurisdiction to entertain the suit for restitution of the mortgaged property.

(2.) IT appears, that the respondent No ; 1 herein has filed a suit for restitution of the mortgaged land in the trial court. Her father had, allegedly mortgaged it in favour of the petitioner more than forty years ago for a sum of Rs 100/ -. In the written statement filed by the petitioner -defendant, the objection was raised that civil court has no jurisdiction to entertain such suits. A issue came to be struck in this behalf, which has been decided in favour of the respondent No ¢ 1, and hence this revision.

(3.) HEARD learned counsel for the parties The record was also examined.