RAMANIWAS SINGH Vs. SHEOMANGAL PRASAD

JUDGEMENT

(1.) THIS appeal under Clause X of the Letters Patent by the plaintiff is directed against a judgment of Bishambhar Dayal, C. J. , dated 14-4-1971, affirming the judgment and decree of the 2nd Addl. District Judge, Satna, dated 11-11-1965, setting aside the judgment and decree of the Civil Judge, Class II, Satna, dated 17-4-1961, and dismissing the plaintiff's suit based on title for possession, of sir lands bearing khasra No. 332, area 11-64 acres, and khasra No. 551, area 0. 60 acre, total area 12. 24 acres, situate in village Dengrahat.

(2.) THE plaintiff, Lal Rangnath Singh was the ex-Jagirdar of Dengrahat in the erstwhile State of Vindhya Pradesh. He created a usufructuary mortgage of the suit lands by executing a registered mortgage-deed, dated 10-5-1951, in favour of the defendant, Sheo Mangal Prasad, to secure a loan of Rs. 1. 800. The Jagir was resumed by the then State Government of Vindhya Pradesh under the provisions of the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952, w. e. f 1-1-1954. By virtue of Section 6 (1) (a) of the Act, as from the date of resumption, the right, title and interest of the plaintiff in the Jagir lands stood resumed to the State Government free from all encumbrances. Under Clause (g) thereof, the usufructuary mortgage was substituted by a simple mortgage and the defendant who was a mortgagee in possession ceased to have any right to possess the land. On 6-4-1958, the defendant consequently brought a suit for recovery of Rs. 2,074 on the basis of the registered mortgage-deed, being the amount due towards the principal amount and interest thereon. While this suit was pending, the plaintiff on 2-8-1958 made an application for allotment of the disputed sir lands under Section 22 of the Act.

(3.) THE State Government in the Land Reforms Department by its order, dated 3-4-1958. issued the following direction: