BHARAT RAJ Vs. B PARSHOTTAM DAS

JUDGEMENT

(1.) These are consolidated appeals from two orders of the Board of Revenue, United Provinces, Allahabad, dated 5 January 1943, and 28 August 1943, dismissing appeals from orders of 29 July 1949, and 19th April 1943, respectively, passed by the Additional Collector of Benares in a matter arising from an application by the respondents under S. 4, U. P. Encumbered Estates Act, 1934 (hereinafter called the Act of 1934) and continued under that Act and the U. P. Debt Redemption Act, 1940 (hereinafter called the Act of 1940).

(2.) On 13 January 1932, one Har Kishan Das mortgaged certain lands to the appellant to secure a debt of Rs. 1,78,500. The mortgagor was the manager and head of a joint Hindu family consisting of himself, his sons and grandsons, and the mortgaged property, the subject of this appeal, was and has remained the property of this joint family.

(3.) In 1935, after the death of the mortgagor, the appellant instituted a suit against the then surviving members of the joint family to recover the balance of his mortgage debt. On 3 July 1936, while this suit was pending, the present respondents filed an application in the Court of the Collector of Benares for relief under the Act of 1934 and, as a result, the mortgage suit was stayed.