NASIB KOHAR Vs. RAGHUNATH MISIR

JUDGEMENT

(1.) This is an appeal by the plaintiff against an order of the learned Additional Civil Judge of Gorakhpur, directing the plaint to be returned for presentation to the proper Court under Order 43, Rule 1, Civil P.C.

(2.) The suit was brought under Section 33, U.P. Agriculturists Relief Act (Act No. XXVII

(27.) of 1934), and along with the prayer for accounting, was a prayer for possession. The mortgage in respect of which the relief was claimed was for a sum of Rs. 99-15-0, granted by the plaintiff in favour of Jaddu Misir, the father of the defendant about twenty five years ago. The case of the plaintiff was that the entire mortgage money bad been discharged by the usufruct.