MAHADEO PRASAD Vs. BASANT LAL

JUDGEMENT

(1.) Manna and others mortgaged certain zamindari plots of an area of about 12 bighas in favour of Jhak and Ramnandan Lal. The mortgagors transferred all their rights to Basant Lal. Basant Lal has redeemed half the mortgage and is mortgagor in respect of the remainder. The mortgagee rights in respect of the remainder have been soil to Mahadeo Pande in execution of a decree. Mahadeo Pande's name has been entered as mortgagee in the khewat. He is thus a recorded co-sharer.

(2.) The situation is now this: Basant Lal owns half the property and is mortgagee of the remainder. Mahadeo, the present appellant is the mortgagee of the remaining half. These remarks apply only to the area in dispute. That area is recorded as a portion of certain khata and in the remainder of the khata many other people are co-sharers.

(3.) Mahadeo's grievance was this: the area in dispute is cultivated by tenants. When he endeavoured to collect rents from those tenants through the Courts, he was opposed and was unable to collect the rents. He has now come into Court to claim his rights. The lower Appellate Court has given him a decree declaring that he is the mortgagee, but has refused him any other relief. He appeals against this decree.