VINDHYACHAL TEWARI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) These are three connected applications under Article 226 of the Constitution. The prayer in each case is that the order of the Board of Revenue dated 30-8-1955 and the order of the Additional Commissioner dated 4-7-1953 be quashed. The facts briefly stated are as follows :

(2.) Two persons Mahudeo Prasad and Jagat Nandn were zemindars of about four annas share in a village and had certain sir and khudkasht lands. In 1921 they executed a usufructuary mortgage in favour of one Ham Lal for a sum of Rs. 4999/-. On 1-8-1931 they executed a second usufructuary mortgage in favour of four persons, Subedar Singh, Rajdeo Singh, Jamuna Singh and Alakhdeo Singh for a sum of Rs. 7000/-, Heaving sufficient amount in the hands of the mortgagees to redeem the earlier usufructuary mortgage and to enter into possession of the mortgage property. The second mortgagee redeemed the earlier mortgage and entered into possession. The rights of the mortgagors Mahadeo Prasad, and Jagat Narain came to vest in the present petitioner Vindhyachal Tewari and his brother Bhiku Ram Tewari. In the year 1944 the petitioner and his brother filed an application under Section 12, Agriculturists Relief Act for the redemption of the usufructuary mortgage. The application was allowed, redemption was ordered on payment of a certain amount, which was ultimately paid and on 12-4-1945 the petitioner and his brother obtained possession of the mortgaged property.

(3.) During the subsistence of the mortgage, however the mortgagees had created three tenancies, one in favour of Narhada Rai, another in favour of Fauj-dar Singh and a third in favour of Saran. The first two were alleged to be relations of the mortgagees and the third their ploughman.