NANIPAT SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) <DJG>B.P.Jha, M.P.Varma, JJ.</DJG> We shall dispose of these five writ petitions by a common judgment as a common point arises for consideration in these writ petitions.

(2.) In each of the writ petitions, the petitioner is a mortgagor. These petitioners applied for releasing their properties from the possession of the mortgagees who are respondent no. 4 in C. W. J. C. No. 1550, 1551 and 1554 of 1977, respondent no. 4 in C. W. J. C. No. 1553 of 1977 and respondent nos. 4 to 7 in C, W. J. C. No. 1552 of 1977, to the Collector allowed their applications and directed the mortgagees to deliver possession of the mortgaged lands to these petitioners. In appeal, the order of the Collector was set aside by order dated 19th May, 1977 (Annexure-1) in each of the writ petitions.

(3.) The relevant facts are these. In C.W J. C. Nos. 1551, 1553 and 1554 of 1977, the petitioner executed a mortgage bond in favour of the mortgagees respondents for a consideration of Rs. 4,000 and the due date of redemption was 9th December, 1974. The mortgaged land in C. W. J. C. No. 1551 of 1977 comprised of plots 2487, 3433 and 3425, appertaining to khata no.492. having an area of one bigha of land, in Mouza Sarairanjan, Thana no. 283. In C. W. J. C, No. 1553 of 1977, the mortgaged land comprised of plots 2487, 3433 and 3425, appertaining to khata no. 492 having an area of one bigha of land, in village Sarairanjan, thana no. 283. In C. W. J. C. No. 1554 of 1977, the mortgaged land comprised of plots 2487, 3433 and 3424, appertaining to khata no. 452, havig an area o f one bigha of land in village Sarairanjan, Thana no. 233. In C. W. J. C. No. 1550 and 1552 of 1977, the petitioner excutcd mortgage bonds for a consideration of Rs. 10,000 each in respect of plot no. 3999, appertaining to khata no. 557, for an area of 1 bigha 10 khatas in each case, in village Sarairanjan. In both these writ petitions, namely, C. W. J. C. Nos. 1550 and 1552 of 1977, the due date of redemption was 9th December, 1974.