SURENDRA PRASAD Vs. MEMBER BOARD OF REVENUE PATNA

JUDGEMENT

(1.) The application of S. 12 of the Bihar Money-Lenders Act (hereinafter referred to as the said Act) to the mortgage deed dated 21-6-1952 is the issue raised in this case.

(2.) The facts of the case are that one Bandhu Chamar, owner of Plot No. 1139 under Khata No. 18 measuring 11 kathas 14 dhurs in village Kharauni, District Gopalganj executed a deed of mortgage dated 21-6-1952 wherein the father of the petitioner as the mortgagee got the possession of the plot in question. After the death of the father of the petitioner, the petitioner and other members of the family of which the petitioner is the Karta came into possession and is still in possession of the plot in question. Respondent No. 5 Bhagwati Ram who is the successor-in-interest of Bandhu Chamar filed a petition under S.12 of the said Act for recovery of possession of the said plot before the Deputy Collector, Land Reforms. The said petition filed by the respondent No. 5 was numbered as M. L. Case No. 504 of 1976-77.

(3.) It may, be stated here that till the filing of the said petition by respondent No. 5 under S. 12 of the said Act, no suit was filed by the petitioner. The said application under S. 12 of the said Act filed by the successor-in-interest of respondent No. 5. was allowed by the Deputy Collector Land Reforms, Gopalganj by an order dated 28-9-1977 and during the pendency of the said proceeding a title suit was filed by the petitioner for foreclosure and the said title suit was numbered as Title Suit No 220 of 1977.