KAJORILAL Vs. BHANWAR LAL

JUDGEMENT

(1.) THIS is a revision application by the plaintiff against an order of the Civil Judge, Kota, abating his suit for recovery of mortgage money by the sale of the mortgaged property.

(2.) BHANWARLAL and his wife Smt. Bhanwari Bai mortgaged their house in favour of Kajorilal. They are not agriculturists. After the mortgage they transferred the house to Harish Chandra who alleges that he is an agriculturist. Kajorilal brought the present suit for recovery of mortgage money by the sale of the mortgaged property against BHANWARLAL, Smt. Bhanwari and Harish Chandra. This suit was abated by the trial court on the ground that Harish Chandra had filed an application for the determination of his debt under the Rajasthan Relief of Agricultural Indebtedness Act, 1957.