KALIKA PRASAD Vs. AJUDHIA PRASAD

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit on a mortgage, the plaintiff mortgagee asking for his money or for foreclosure. The mortgage has, however, under circumstances which will have to be set forth, been held to be a simple mortgage and this fact wilt have an important bearing on the applicability of the Full Bench decision to which reference will have to be made later. The history of the proceedings, which is important for the purposes of the present appeal, is as follows:

(2.) In 1903-(Local) Act 2 of 1903, the Bundelkhand Land Alienation Act, was passed. By Section 1(3) it was declared that the Act should come into force on a date to be declared by notification.

(3.) 1 July 1903-By notification the Act came into force on this date.