DURGA THATHERA Vs. NARAIN THATHERA

JUDGEMENT

(1.) This appeal, the valuation of which is rather small, being only Rs. 49 and therefore cognizable by a single Judge, came for admission before Niamatullah, J., and he ordered that it should be put up before a Bench of two Judges for hearing. We are of opinion that it should be heard by a larger Bench, so that the question raised may be definitely decided so far as this Court is concerned.

(2.) This appeal arises out of a suit for redemption. The suit was dismissed by the learned Munsif, after he had written a judgment, covering 12 pages of the manuscript copy, which has been filed by the appellant. The learned Additional District Judge before whom the plaintiff's appeal came for hearing, dismissed the appeal under Order 41, Rule 11 by writing a judgment which covers seven typed lines. The judgment is simply to the effect that the learned Judge is satisfied, on reading the judgment and hearing the counsel for the appellant, that the case has been properly decided, that the mortgage alleged by the plaintiff has not been satisfactorily proved and that it was not established that the "site of the house in dispute was formerly covered by his father's house."

(3.) Sitting in second appeal we are not in a position to know from the judgment of the lower appellate Court what were the points for determination, and how the learned Judge came to the conclusions at which he arrived.