MALIK, AGARWALA, V. BHARGAVA
Ambika Upadhaya – Appellant
Versus
Nakched Upadhaya – Respondent
MALIK, CJ.:-
This is a civil revision under S.115 of the Code. The defendant appellant was a mortgagee, and five mortgage deeds were executed in his favour, four of which were for a sum of Rs.25/- each, while the fifth was for a sum of Rs.1700/-. The mortgagor filed an application under S.12, U.P. Agriculturists Relief Act (17 of 1934) for redemption of the five mortgages. The application was granted, and an appeal against the order was dismissed on 19-9-1949. This civil revision was filed against that order on the ground that the civil Court had no jurisdiction with respect to four of the mortgage deeds.
2. Section 10, U.P. Agriculturists Relief Act, provides that- "Applications under this Chapter shall, if the principal money secured does not exceed Rs.500/- be brought before the Collector, and the word "court" in this Chapter shall in such cases include the "Collector"."
At the time of the admission of the appeal learned counsel referred to a Division Bench ruling of this Court in - Sukhdeo Ahir v. Baldeo Ahir, AIR 1949 All 536 (A) and urged that each mortgage deed must be taken separately to determine the jurisdiction of the Court. Learned counsel has urged that with res
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