Law: Transfer of Property Act, 1882

Section: 60,67

Law: Contract, Act, 1872

Section: 23,74

Law: Specific Relief Act, 1877

Section: 12

Law: Code of Civil Procedure (CPC) , 1908

Section: 115,VII Rule 11

Law: Limitation Act, 1908

Section: 5

ORDER

Unnecessary details apart, the petitioner-mortgagor covenanted to mortgage land measuring 6- Kanals, falling in Square No.37, Killa No.21, Chak No.317-GB, Toba Tek Singh, in favour of the respondent-mortgagee, vide agreement, dated 01.12.2006, in lieu of Rs.2,00,000/-, for a period from 01.12.2006 to 03.11.2008. In the agreement it was also incorporated that if the petitioner-mortgagor fails to repay the mortgaged amount, she would get the said land transferred in the name of the respondent-mortgagee. Since the petitioner- mortgagor failed to repay the mortgaged amount, within prescribed period, the respondent-mortgagee filed suit inter-alia seeking specific performance of agreement, dated 01.12.2006 with the averments that since petitioner-mortgagor had failed to
 

repay the mortgage money, decree for specific performance be issued in his favour. Though, initially petitioner-mortgagor joined proceedings of the suit by filing Written Statement but subsequently disappeared, as a result she was proceeded against ex-parte and after recording ex-parte evidence the learned Civil Judge, Toba Tek Singh (learned Trial Court), decreed the suit vide ex-parte judgment & decree, dated 13.12.2013 against which the petitioner-mortgagor filed an appeal but without any success as the same was dismissed by the learned District Judge, Toba Tek Singh (learned Appellate Court) vide judgment, dated 23.01.2015; hence this revision petition.