GOVINDLAL Vs. BHANWARLAL

JUDGEMENT

(1.) THIS is a revision application under sec. 26 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951, against an appellate order of the Divisional, Commissioner, Kotah, dated 15-10-54 revering the appellate decision of the Collector Kotah, and restoring that of Tehsildar in a case relating to redemption of mortgage over an agricultural land.

(2.) WE have heard the learned counsel appearing for the parties and have examined the record as well,govinda applied for redemption of the land in dispute with the allegations that the mortgage was created in lieu of Rs. 226/- in favour of Bhanwarlal and that mutation No. 682 was sanctioned in respect of the same on 18-3-49. Bhanwarlal in his written statement admitted that the land stood in the name of Govinda but alleged that it was originally entered in name of Nanga, on whose death Govinda had got it entered in his own name in the absence of Bhanwarlal. Bhanwarlal admitted that Rs. 226/- were paid by him to the Jagirdar as this was sum alleged to be outstanding against Govinda, and that the Jagirdar realised this amount from him as Govinda was a cousin brother to him. The fact of mortgage was denied by him. He claimed that he had although been in possession of the land in his own right. The mutation was denounced on the ground that he was not a party to it. The Assistant Collector who tried the application held the mortgage as not proved and hence rejected the application. The Collector in first appeal came to a different finding and held that the mortgage stood established amply by the evidence on record. The learned Commissioner in second appeal disagreed with this finding and hence this revision.