THAKUR PRASAD Vs. RAJ KARAN

JUDGEMENT

(1.) , J.-

(2.) THESE appeals from various judgments and orders of High Court of Judicature at Allahabad arise out of the same factual matrix and raise a common question of law viz.. how are the rights of the mortgagors and the mortgagees of the suit land affected by the provisions of the U.P Zamindari Abolition and Land Reforms Act?

(3.) MR. V.K.S. Chaudhary, the learned senior counsel appearing for the mortgagors, ar gued that: in the Namanzuri village, the mortgagors could not claim any right under Section 158 of the Agra Act; by the 1954 Notification the Z.A. Act was applied to the suit land village duly deleting Sections 4 to 112 thereof the mortgagees were entitled only to mortgage money which was already deposited in the court; even in the sale deed obtained by mortgagees the position of the mortgagors as bhumidars was accepted which could not be permitted to be denied now; the mortgagors became bhumidars under Section 130 and under Section 133 of the Z.A Act the mortgagees became asamis so the suit for ejectment of the mortgagees was required to be decreed; Raj Karan and others were given possession of the suit land by the Consolidation Officer accepting them as bhumidars and the mortgagees possession was confined only to the l/6th share which they had purchased ; they could not deprive the mortgagors of their land.