BHAGWANT Vs. RAMCHANDRA

JUDGEMENT

(1.) THIS Second Appeal has been preferred against the judgment and decree passed on 28 -4 -59 by the Additional District judge Morena. in Civil Appeal No 42 of 1955 whereby he confirmed the decree passed on 5 3 1955 by the Civil Judge II Class Ambah in Civil Original Suit No 43 of 1949 of his Court.

(2.) ON the 14th of June, 1922 Murlidhar and Bhagwant mortgaged with possession certain fields situate in the zamindari village Wareh with one Tundesingh for a consideration of Rs. 54/ - under a registered deed of mortgage. Thereafter the same mortgagors effected two more mortgages on 1 -3 -1927 in respect of some other pieces of land situate in the same village for Rs. 51/ - and Rs. 384/. -respectively. Tundesingh died and was succeeded by his nephews Ramcharan, Babu and Badri sons of Tulsiram. Murlidhar on 3 -7 -1944 filed the suit out of which the present appeal arises for redemption of all the property covered by the aforesaid three mortgages on payment of a total sum of Rs. 486/ -. He further claimed mesne profits at the rate of Rs. 40/ -. per annum. Since Murlidhar's mortgagor Bhagwantsingh refused to join as a plaintiff he was implicated in the suit as a defendant.

(3.) DURING the pendency of the suit the Madhya Bharat Zamindari Abolition Act (No. XIII of 1951) came into force and thereafter on the 2nd of October, 1951 by virtue of a Notification issued under S. 3 of the Act all zamindari lands in the State of Madhya Bharat vested in the State.