MIRZA NASIR BEG Vs. KALYAN BAKASH

JUDGEMENT

(1.) THIS second appeal has been filed against an appellate decision of the learned Commissioner Kota dated 25. 6. 59. The facts of the case are not in dispute. The only point which was posed before us at the bar was whether the provisions of sec. 60 of the Transfer of Property Act would apply to the points in controversy or that the case was governed by Group 'd' item 5 of the Rajasthan Revenue Courts Procedure and Jurisdiction Act, 1951. The argument was that according to the provisions of sec. 60 of the Transfer of Property Act the respondent could redeem the mortgage only after the expiry of the term stipulated in the mortgage deed as contemplated in sec. 60 of the Transfer of Property Act. A similar question arose in 1956 R. R. D. page 37 wherein it was held that the redemption of agricultural land after the enforcement of the Revenue Courts Procedure and Jurisdiction Act is not to be governed by sec. 60 of the Transfer of Property Act as the matter has to be governed by item 5, Group 'd' Schdl. I of the Act. THIS lays down that a mortgagor can apply for the redemption of land and for redelivery of possession at any time during the pendency of the mortgage. A similar view was also held in R. L. W. 1958 page 57 (Revenue Supplement ). THIS being so, the learned lower appellate court rightly observed that inspite of the fact that the Rajasthan Revenue Courts Procedure and Jurisdiction Act, had since been repealed the claim under dispute shall be governed under the provisions of the said Act read with sec. 43-A of the Rajasthan Tenancy Act. The appeal in the result shall stand dismissed. .