BHERA Vs. KESAR SINGH

JUDGEMENT

(1.) THIS is a reference by the Munsiff Rajsamand under sec. 243 (2) of the Rajasthan Tenancy Act, 1955.

(2.) THE present suit was instituted by Bhera on 26th November, 1962 in the court of Assistant Collector, Rajsamand for the redemption of his tenancy holding consisting of plots Nos. 34 to 40 and 42/8, situated in village Sangat Tehsil Kummalgarh. It was alleged in the plaint that the holding was mortgaged with possession in favour of Kesarsingh defendant No. 1 for Rs. 88/- about 8 years prior to the institution of the suit, that the mortgage-deed which was executed on a stamped paper by him was in the possession of defendant No. 1 and that the mortgaged money had been fully paid out of the profits from the land. In the alternative it was stated that he was willing to pay whatever might be found due on the mortgage. A prayer for redemption was made.

(3.) UNDER the above provision the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 was applicable to suits for redemption of a usufructuary mortgage made before the commencement of the Rajasthan Tenancy Act, 1955. As has been pointed above a suit for redemption for such a mortgage lay in the revenue court.