Decided on July 30,1968

MANGIA Appellant
PARA Respondents

Referred Judgements :-



- (1.)Briefly stated the facts are that the respondent Mst. Para had sued Shri Mangia in the Court of Sub Divisional Officer, Sawai Madhopur on 18 -7 - 61 for redemption of her two mortgaged fields situated in village Needarda, Tehsil Sawai Madhopur. She had claimed that Khasra No. 188 (area 9 bighas and 2 biswas) and khasra No. 181 (area 2 bighas and 15 biswas) are in her khatedari and about 12 years back (1950 or so) she had mortgaged them to Shri Mangia for a sum of Rs. 900/ -and it was a case of usufructuary mortgage. Shri Mangia refused to redeliver possession of this land to Mst. Para and so she instituted a suit against him The land is still in Shri Mangias possession. According to Mst. Para the mortgage deed was written by one Shri Shaironlal, Patwari in the bahi of Shri Mangia which is in his possession. The mortgage deed was not registered and it has not been produced. Accordingly, the terms of the mortgage deed are not available. Shri Mangia flatly denies the khatedari rights of Mst. Para over this land as well as the very fact of the mortgage. He claims himself to be khatedar of this land. After looking through the evidence oral as well as documentary, the Sub Divisional Officer Sawai Madhopur came to the conclusion that Mst. Para did mortgage the two fields to Shri Mangia in the Smt. year 2006 for Rs. 900/ -and that these fields are in her khatedari. The Sub Divisional Officer, Sawai Madhopur decreed the suit for redemption of the mortgaged land on payment of the mortgaged money of Rs. 900/ -to Shri Mangia.
(2.)The appellant went in appeal in the Court of the Revenue Appellate Authority, Kota which again held that the two fields, in question, had been mortgaged for Rs. 900/ -by Mst. Para to Shri Mangia in Smt. year 2006. The Revenue Appellate Authority, Kota upheld the order of the Sub Divisional Officer and dismissed the appeal.
(3.)We have seen the record of the case and have heard the counsel of both parties. It is borne out from the documentary and oral evidence produced in the trial court that the two fields, in question, are in the khatedari of Mst. Para and that she mortgaged these fields to Shri Mangia for Rs. 900/ -in the Smt: Year 2006. There is evidence to show that she had mortgaged the same fields earlier to one Nanji in the Svt. year 2004 and after 2 years of this transaction, she got them redeemed and mortgaged to Shri Maniga. There are corroborative entries in the khasra girdawari both as to the khatedari and as to the mortgage.

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