FATEH SINGH Vs. GOPAL NARAIN SINGH

JUDGEMENT

(1.) The question for decision in this case is briefly this: While an ejectment suit is pending in the revenue Court in which the main issue is whether the defendant is or is not a tenant of the plaintiff, will the civil Court entertain a suit the object of which is to compel the revenue Court to hold that the defendant is not a tenant?

(2.) The plaintiffs respondents Gopal Narain Singh and Sri Narain Singh are mortgagees from certain occupancy tenants under a mortgage executed in 1882.

(3.) The mortgage was a burdensome one as the interest exceeded the profits of the holding.