SWAROOP CHAND Vs. KANHAIYA LAL

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 23. 07. 1984, passed by the learned District Judge, Jhalawar in Civil Suit No. 1 of 1979, whereby the learned District Judge dismissed the application dated 19. 03. 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 29. 07. 1969 gainst non-petitioner defendant No. l. 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.) SHRI Singhi, thus submitted that the trial Court committed a grave illegality affecting its jurisdiction which would seriously prejudice the case of the petitioner.