KAPILDEO Vs. DY COLLECTOR LAND REFORMS

JUDGEMENT

(1.) The point involved in this case relates to the interpretation of S.12 of the Bihar Money Lenders Act, 1974. The section deals with the automatic satisfaction of the dues in respect of a usufructuary mortgage after expiry of a period of seven years from the date of execution of the mortgage bond.

(2.) Each of the respondents 3 and 4 executed a mortgage deed in favour of the petitioner on 29-5-1973 in respect of certain agricultural lands. The respondents filed separate applications before the respondent No. 2 (Collector within the Act) for evicting the petitioner from the lands. A single case registered as Redemption Suit No. 26 of 1982 was started on their basis. The petitioner objected, but the respondent No. 2 allowed the prayer of the respondents 3 and 4 by order in Annexure 1 to the writ petition. The petitioner appealed before the Land Reforms Deputy Collector, respondent No. 1, but without waiting for its disposal, filed this writ application on 14-7-1983. The case was admitted on 19-7-1983. Subsequently, the appeal before the respondent No. 1 was dismissed for default in absence of the parties. The petitioner prays for quashing the entire redemption proceeding.

(3.) In the original writ petition, several grounds were mentioned in paragraph 2 which are apparently not happily worded. The points urged at the time of hearing of the case, do not appear to have been taken therein. The petitioner later filed an application for amendment of the writ petition and prayed for the grounds mentioned herein to be allowed to be taken.