Kanhaiya Singh, J.

1. These two appeals have been heard analogously, as common question of law is involved, but the facts, being different, have to be stated separately. Miscellaneous Appeal 110 of 1961.

2. The respondents instituted a suit in the Court of the Subordinate Judge, Gaya, to enforce six mortgages in respect of proprietary shares in village Dharnai Madanpur, tauzi No. 3739 which included bakasht lands also. The suit was decreed on contest and a preliminary decree was passed on 15-11-1951. Against that decree, the appellants preferred on 20-3-1952 a First Appeal in this Court numbered as First Appeal 87 of 1952. During the pendency of this appeal, the preliminary decree was made final on 1-8-1953. On 23-9-1953, the respondents presented an application for execution of the final decree, numbered as Execution Case 11 of 1953. In the meantime, the Bihar Land Reforms Act, 1950 (hereinafter referred to as the Bihar Act), came into force, and by virtue of a notification published under Sec.3-A of the Bihar Act, the instant estate passed to and became vested in the State on 26-1-1955. On 25-7-1955, the decree holders respondents filed an application under Sec.14 of the