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1954 Supreme(All) 277

AGARWALA, MALIK, V. BHARGAVA
Pandit Ambika Upadhaya – Appellant
Versus
Pandit Nakched Upadhaya – Respondent


Advocates appeared:
R.B. Misra, For the Appellant / Ambika Prasad for Oppo.-Party., For the Respondent

JUDGMENT

Malik, CJ. - This is a civil revision u/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 u/s 12 of the U.P. Agriculturists Relief Act (Act XXVII of 1934) for redemption of the five mortgages. The application was granted, and an appeal against the order was dismissed on the 19th September, 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. Sec. 10 of the 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."

3. At the time of the admission of the appeal learned Counsel referred to a Full Bench ruling of this Court in Sukhdeo Ahir v. Bildeo Ahir 1949 A.W.R. 147, and urged that each mortgage deed must be taken separately to determine the jurisdiction of the Court. Learned Counsel has urged that

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