JHALKI PRASAD BHAGAT Vs. BACHU LAL BHAGAT

JUDGEMENT

(1.) The question involved in these appeals is whether the commutation of bhaoli rent into nakdi during the continuance of a mortgage by a mortgagee in possession with-out the consent of the mortgagor can be binding upon the mortgagor after the redemption of the mortgage.

(2.) The appeals by the plaintiff arise out of suits for the recovery of produce rent of Khata Nos. 145 and 138 for the year l352 Fasli. The holdings in respect of which the rents have been claimed were admittedly bhaoli when the mortgage of the village in which the holdings lie was effected.

(3.) The defendants pleaded that the rents of these holdings were commuted into nakdi by the rehandars and in one of the suits being suit No. 46, the holding was amalgamated with another land with the consent of the rehandar. It was also pleaded by the defendants that the commutation and the amalgamation were with the consent of the proprietor, the plaintiff.