SITA SARAN SINGH Vs. KEDAR PRASAD SINGH

JUDGEMENT

(1.) The only question that arises for decision in this Appeal by certificate is whether "the suit is barred under the provisions of the Bihar Land Reforms Act" (to be hereinafter referred to as the Act). That question is concluded against the respondents in view of the decision of this court in Shivashankar Prasad Sah and Another v. Baikunth Nath Singh.

(2.) The facts necessary for deciding this appeal, briefly stated, are as follows:

(3.) The suit from which this appeal arises is based on two simple mortgage deeds executed by one Hardeo Singh, the father of defendant No. 1 (the appellant in this appeal) on his own behalf and as guardian of his minor sons. The first of these two mortgages was executed on 14/09/1943. That was for a sum of Rs. 11,500. 00. The second mortgage was for a sum of Rs. 4,000. 00 executed on 3/05/1946. Both of them are simple mortgages. The rate of interest prescribed under those mortgages is 12 per cent. per annum. On the foot of those mortgages, the respondents who are mortgagees brought the suit from which this appeal arises claiming therein a sum of Rs. 30,600. 00 with future interest. The Trial court dismissed the suit as being not maintainable in view of the provisions of the Bihar Land Reforms Act, 1950. But in appeal the High court of Patna reversed the decree of the Trial court and granted a preliminary decree for the amount due under those deeds. It granted four months time to the defendants to pay up the decretal amount with interest to the plaintiffs. It further ordered that in default, the preliminary decree shall be made final and the properties mentioned in Schedule 3 of the plaint shall be sold to satisfy the decretal dues.