Singh, J. - (1.) This is an application in revision Under Section 115 of the CPC.
(2.) It appears that an application Under Section 12 of the UP Agriculturists' Relief Act was made on the basis of mortgage-deed executed on 10-10-1903. The applicant claimed to be the legal representative of the mortgagor and the opposite parties were said to be the legal representatives of the deceased mortgagees. Various contentions were raised but the only contention, which is material of the decision of this application, is whether it was open to the applicant to rely on oral evidence Under Section 24 (2) of the UP Agriculturists' Relief Act. No documentary evidence, as required by section 24 of the Act, was produced by the applicant, and the lower appellate court refused to rely on oral evidence. It is now contended that this view was incorrect.
(3.) section 24 (2) of the UP Agriculturists' Relief Act is as follows:- In cases in which the status of a mortgagor as "agriculturist" on the date of the mortgage is at issue and no documentary evidence is forthcoming to prove it, the status of the mortgagor on that date shall be determined with reference to the entries in the record-of-rights or the annual registers prepared under the Land Revenue Act, 1901, of the year nearest to the year of mortgage for which they exist.";