Judgment

VAIDIALINGAM, J. : In this appeal, by special leave, the judgment and order of a Single Judge of the Patna High Court, constituted as the Board, under S. 18 (1) of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950), (hereinafter referred to as the Act), are under attack.

2. The appellant had taken three mortgages from the respondents on July 20, 1915 for Rs. 15,000, on April 24, 1917 for Rs. 33,000 and on November 12, 1917 for Rs. 42,500. He had filed a suit for recovery of the mortgage amounts and also obtained a decree.

3. On November 18, 1925, the appellant had obtained a usufructuary mortgage for a total sum of Rs. 84,000, comprising of three different sets of properties (a) five items of milkiat properties; (b) a three-storey house in the town of Gaya; and (c) certain bakasht lands. The deed of mortgage is marked as Exhibit I. By this mortgage, the earlier decree was repaid.

4. By virtue of a notification issued under S .3 of the Act the milkiat properties vested in the State of Bihar on January 25, 1955; and in respect of the baskasht lands, the respondents became statutory tenants, under S. 6.

5. The appellant filed an application dated April 24, 1955, under S. 1