RAMAWATAR MUSHHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 10.6.1980, contained in Annexure -5 as also the order, dated 18.2.1983, contained in Annexure -6 to the writ petition.

(2.) Respondent No. 4 Butan Pandey filed an application under Section 12 of the Money Lenders Act (hereinafter referred to as the 'Act') before the D.C.L.R. Bhabua against the petitioners with respect to the land in dispute. The case of respondent No. 4 was that the lands in dispute were mortgaged, through a registered deed dated 25.9.l953. The period of 7 years had elapsed, but the petitioners were not giving delivery of possession of the land. Hence, prayer was made of redemption and delivery of possession in his favour.

(3.) The petitioners appeared before the D.C.L.R. and objected to the claim of respondent No. 4. The case of the petitioners was that the deed in question was not a mortgage deed rather it was Ekrarnama by way of settlement deed and, therefore, the provision of Section 12 of the Act was not attracted.