JAGDISH DASS Vs. ONKAR

JUDGEMENT

(1.) JAGDISH Dass, petitioner has filed this review petition against the judgment and decree of the Board of Revenue dated 30. 3. 60. Briefly the facts of the case are that the petitioner claiming himself to be the mortgagor of Khasra Nos. 609, 615, 616, 617 and 618 situated in village Palia, Tehsil Nawai of district Tonk filed a suit for the redemption of the mortgage against Onkar and Kalyan, respondents in the court of the Assistant Collector, Tonk alleging that he had mortgaged the land in the possession of the respondents in Asad, Smt. 2002 with the respondents for a sum of Rs. 150/- and had got the mortgage deed executed. Kalyan, respondent admitted the mortgage by the petitioner but Onkar not only denied the mortgage but also stated that he was khatedar of the suit land and pleaded that the petitioner had no right to file suit for the redemption of the mortgage on the ground that he was an impostor.

(2.) THE trial court decreed the plaintiff's suit. THE Additional Commissioner, Jaipur as the first appellate court reversed the finding of the trial court and dismissed the petitioner suit.