JAGAT RAM Vs. KHALLA BHAT

JUDGEMENT

(1.) This is a civil revision by the defendant-creditor from a decree for Rs. 179-12-0 dated 23rd Maghar 2001 passed against him by the Subordinate Judge Bhadarwah in a suit for settlement of accounts instituted by the plaintiff-debtor. The plaintiff Khalla Bhat is admittedly an agriculturist as defined in the Agriculturists' Relief Act He instituted the suit out of which this revision application has arisen, under section 10 of the Agriculturists Relief Act for settlement of accounts on the following allegations.

(2.) The plaintiff's father Sikandar Bhat mortgaged 13 kanals and 2. The plaintiff's father Sikandar Bhat mortgaged 13 kanals and 3 marlas of land detailed in the plaint with the defendant under a registered mortgage deed dated 26th Jeth 1977 in lieu of Rs. 500. The defendant remained in possession of the mortgaged land for a period of 21 years from the year 1977 up to the year 1997 and appropriated its usufruct to himself. The mortgaged land came into the possession of the plaintiff in the year 1998. The defendant refused to settle accounts of the usufruct received by him from the mortgaged land and to pay the plaintiff the excess money received by him but on the contrary he instituted a suit for the recovery of the possession of the mortgaged land and obtained, (SIC) a decree for the same. The defendant is entitled to a maximum amount of Rs. 750, Rs. 500 principal and the rest as interest and as against it he has received profits from the land valuing over Rs. 2,500. The plaintiff prayed for settlement of accounts in terms of section 10 of the Agriculturists' Relief Act and for a decree for the amount that the defendant may be found to have received in excess of Rs. 750 to which he was entitled.

(3.) The allegations of facts made in the plaint were not disputed by the defendant in his written statement except in regard to the amount alleged to have been received by him from the usufruct of the land. The defendant's main contentions were that section 10 of the Agriculturists Relief Act did not apply to a suit for accounts on the basis of a mortgage, that under the terms of the mortgage deed no accounting could be claimed by the plaintiff and lastly that the plaintiff could redeem the land only on payment of the principal sum of Rs. 500 secured by the mortgage-deed. The trial court held that the suit as instituted was maintainable that a net profit of Rs. 929-12-0 had been received by the defendant during the period of his possession of the land as against a sum of Rs. 750 to which he was entitled. On these findings a decree for Rs. 179-12-0 was passed against the defendant. The defendant has come up in revision to this court against the above decree.