TRILOCHAN JENA Vs. BHAGABAT JENA
HIGH COURT OF ORISSA
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P.K.Mohanti, J. -
(1.) THIS civil revision arises under the following circumstances:
(2.) THE Petitioner Trilochan Jena had executed on 2.04 -1969 a deed or mortgage by conditional sale in favour of the opposite party Bhagabat Jena. The mortgage stood discharged on 2 -4 -1976 after the expiration of a period of seven years from the date of the mortgage On 3 -11 -1976 the mortgagee filed a petition before the learned Munsif stating therein that although he had delivered possession of the property to the mortgagor on 14 -4 -1976, the latter did not turn up to get the property retransferred at his cost. He prayed for issue of a direction to the mortgagor to get the deed of retransfer executed and registered at his cost. The mortgagor denied the allegation about delivery of possession and contended that the cost of retransfer should be borne by the mortgagee.
(3.) THE learned Munsif on a consideration of the evidence led by both the parties came to the finding that the mortgagee had delivered possession of the land to the mortgagor on 14 -4 -1976. He, however, held that the cost of execution of the deed of retransfer should be borne by the mortgagee. Aggrieved by this order the mortgagee went up In appeal. The learned Subordinate Judge held, in disagreement with the learned Munsif, that the deed of retransfer is to be executed and registered at" the cost of the mortgagor. It is against this order of the appellate Court that the present Civil revision has been preferred.;
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