HRIDAY NARAIN CHOUDHARY Vs. SHYAM KISHORE SINGH

JUDGEMENT

(1.) The result of this appeal turns on the interpretation of the notification No. S. O. 207 dated 13th February, 1981 issued by the Government of Bihar under Section 12 of the Bihar Money Lenders Act, 1974 (Bihar Act 22 of 1975) (hereinafter referred to as 'the Act') and its interaction with the relevant provisions of the Act.

(2.) The appellant filed the suit seeking a declaration that he is entitled to retain possession of the mortgage property till mortgagors repay the loan and for other consequential reliefs. The case of the plaintiff, shorn of unnecessary details, was that the suit land was mortgaged with him by the predecessor-in-title of the respondent under three deeds of usufructuary mortgage executed on 26th of July, 1974 and 4th of November, 1974. The total area of land covered under the three documents as stated by Shri Sanyal, learned senior counsel for the appellant, is 3.12 acres. The further case of the plaintiff was that he was entitled to exemption from the purview of Section 12 of the Act under the notification dated 13th February, 1981 since the total land held by him was less than 5 acres. He placed reliance on the oral and documentary evidence placed on record including Exh. 3 which, according to him, was a document of family arrangement.

(3.) The case of the defendant on the other hand, was that the land-holding of the mortgagee was more than 5 acres; therefore he was not entitled to exemption under the notification referred to above, It was the contention of the defendant that Section 12 of the Act was applicable in the case and 7 years from the date of the mortgage having elapsed, the mortgages stand automatically redeemed and he was entitled to recover possession of the property.