SWAROOP CHAND Vs. KANHAIYA LAL

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 23rd July, 1984, passed by the learned District Judge, Jhalawar in Civil Suit No. 1 of 1979, whereby the learned District Judge dismissed the application dated 19th March, 1983, filed by the petitioner -plaintiff praying that the burden of proof of issue No. 1 should be placed on the non -petitioners -defendants.

(2.) BRIEFLY stated the facts of the case are that the petitioner and non petitioners, No, 2 and 3 filed a suit for redemption of mortgage dated 29th July, 1969 against non -petitioner defendant No. 1. It was contended that the suit house was mortgaged by conditional sale with non -petitioner -defendant for Rs. 33,000/ - by the father of the petitioner. It was also stipulated that on return of the amount the house would be resold to the petitioner's father. Non -petitioner -defendant filed a written statement and alleged that it was not a mortgage by conditional sale, but it was out -right sale with the condition of re -purchase within five years.

(3.) THE burden of proof of this issue was placed on the petitioner. The petitioner, therefore moved an application on 19th March, 1984 with the prayer that the burden of proof should be placed on the non -petitioner defendant. The learned trial Court dismissed the application. Being aggrieved by the same, the petitioner has preferred this revision petition.