MISHRI LAL Vs. DHIRENDRA NATH

JUDGEMENT

(1.) This appeal is directed against the order of the Madhya Pradesh High Court confirming the preliminary decree passed by the trial Court and allowing the plaintiffs' claim for redemption in respect of mortgaged houses and khudkasht land.

(2.) The contextual facts record that the defendant-mortgagee has challenged the right of the plaintiff-mortgagor to redeem assorted items of property which were mortgaged prior to the enactment of the Madhya Bharat Zamindari Abolition Act, 1951 (Samvat 2008). The learned trial Judge decreed the suit and the appeal therefrom however before the learned single Judge resulted in an order of reference before a Division Bench by reason of expression of a view contra, by another single Judge of Indore Bench of second appeal No. 498 of 1965, (Yakub son of Kasamji v. Yakub son of Fakir Mohammad and others).

(3.) On however a detail analysis of facts it appears that the plaintiff-respondent being the Zamindar of village Kamalpur, during the subsistence of the Zamindari, executed two mortgage-deeds dated 4-8-1947 and 5-1-1948 in favour of the defendant-appellant for securing thereunder a loan against movable property and houses, Zamindari and Khudkasht lands. The possession of the mortgaged property as the record shows was delivered to the mortgagee-defendant and in a suit filed for redemption of the mortgage, the trial Court as noted above decreed the suit with an express finding that the plaintiff was entitled to redeem the mortgage.