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1971 Supreme(SC) 63

A. N. GROVER, J. C. SHAH, K. S. HEGDE
Sita Saran Singh – Appellant
Versus
Kedar Prasad Singh – Respondent


Judgment

Hegde, J.-The only question that arises for decision in this Appeal by certificate is whether "the suit is barred under the provisions of the Bihar Land Reforms Act" (to be hereinafter referred to as the Act). That question is concluded against the respondents in view of the decision of this Court in Shivashankar Prasad Sah and Another v. Baikunth Nath Singh.{1969 (1) SCC 718 :

2. The facts necessary for deciding this appeal, briefly stared, are as follows:

3. The suit from which this appeal arises is based on two simple mortgage deeds executed by one Hardeo Singh, the father of defendant No. 1 (the appellant in this appeal) on his own behalf and as guardian of his minor sons. The first of these two mortgages was executed on September 14, 1943. That was for a sum of Rs. 11. 500/-. The second mortgages. was for a sum of Rs. 4,000/- executed on May 3, 1946. Both of them are simple mortgages. The rate of interest prescribed under those mortgages is 12 per cent, per annum. On the foot of those mortgages, the respondents who are mortegagees brought the suit from which this appeal arises claiming therein a sum of Rs. 30,600./- with future interest. The Trial Court dismissed the su










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