GURU NARAYANPRASAD Vs. PT KEDARNATH VISHWESHWARPRASADJI

JUDGEMENT

(1.) This judgment governs the disposal of two other First Appeals (Nos. 242 and 251, both of 1956) also. These three appeals have been filed by the defendants against the judgment of the Additional District Judge, Rewa, decreeing the claim of the respondent for recovery of amounts due on mortgage deeds executed by the appellants.

(2.) The facts in all these cases are no longer in dispute. The appellants had executed the mortgage deeds for consideration in the years 1944 or 1945 in favour of the respondent. The mortgages were with possession and the property consisted of jagir villages in Vindhya Pradesh. On 1-7-1953 the jagirs were resumed under the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952 (No. XI of 1952) (hereinafter referred to as the 'Abolition Act') and the villages vested in the ?State Government. The respondent's case was that on the vesting, the mortgagors became liable personally for payment of the mortgage debt and accordingly he claimed the amount from them. The appellants in all these cases pleaded that under the provisions of the Abolition Act, the liability to pay the debt passed to the State Government and in no case were the mortgagors personally liable to pay the amount.

(3.) The trial Court found that the mortgagors, were personally liable to pay the debt and decreed the claims.