1. We shall dispose of these five writ petitions by a common judgment as a common point arises for consideration in these writ petitions.

2. In each of the writ petitions, the petitioner is a mortgagor. These petitioners applied for releasing their properties from the possession of the mortgagees who are respondent no.4 in C. W. J. C. No.1550, 1551 and 1554 of 1977, respondent no.4 in C. W. J. C. No.1553 of 1977 and respondent nos.4 to 7 in C, W. J. C. No.1552 of 1977, to the Collector allowed their applications and directed the mortgagees to deliver possession of the mortgaged lands to these petitioners. In appeal, the order of the Collector was set aside by order dated 19th May, 1977 (Annexure-1) in each of the writ petitions.

3. The relevant facts are these. In C. W J. C. Nos.1551, 1553 and 1554 of 1977, the petitioner executed a mortgage bond in favour of the mortgagees respondents for a consideration of Rs.4,000 and the due date of redemption was 9th December, 1974. The mortgaged land in C. W. J. C. No.1551 of 1977 comprised of plots 2487, 3433 and 3425, appertaining to khata no.492. having an area of one bigha of land, in Mouza Sarairanjan, Thana no.283. In C. W. J. C, no.1553 of 1977, the mortgaged land comprised of plots 2487, 3433 and 3425, appertaining to khata no.492 having an area of one bigha of land, in village sarairanjan, thana no.283. In C. W. J. C. No.1554 of 1977, the mortgaged land comprised of plots 2487, 3433 and 3424, appertaining to khata no.452, havig an area o f one bigha of land in village Sarairanjan, Thana no.233. In c. W. J. C. No.1550 and 1552 of 1977, the petitioner excutcd mortgage bonds for a consideration of Rs.10,000 each in respect of plot no.3999, appertaining to khata no.557, for an area of 1 bigha 10 khatas in each case, in village sarairanjan. In both these writ petitions, namely, C. W. J. C. Nos.1550 and 1552 of 1977, the due date of redemption was 9th December, 1974.

4. Admittedly, the petitioner executed usufructuary mortgage bonds in favour of the respondents mentioned above. In the circumstance, we hold that Sec.12 of the Bihar Money-lenders Act, 1974 (hereinafter referred to as "the Act") applies to the facts of these cases. It is relevent to quote Sec.12 of the Act which runs as follows :

"usufructuary mortgages and their redemption - Notwithstanding anything to the contrary "contained in any law or anything having the force of law or in any aareement, the principal amount and all dues in respect of an usufructuary mortgage relating to any agricultural land, whether executed before or after the commencement of this act, shall be deemed to have been fully satisfied and the mortgage shall be deemed to have been wholly redeemed on expiry of a period of seven years from the date of the execution of the mortgage bond in respect of such land and the mortgagor shall be entitled to recover possession of the mortgaged land in the manner prescribed under the rules : provided that if the mortgage bond had been executed before the commencement of this Act nothing in this section shall entitle the the mortgagor to claim any accounts or profits from the mortgagee by the reason of the benefit of redemption of the mortgage under this provision. "

On a perusal of Sec.12 of the Act, it is clear that Sec.12 provides that after the expiry of seven years of the execution of the usufructuary mortgage bond, whether executed before or after the commencement of the Act, it shall be deemed to have been fully satisfied or redeemed. The opening words of sec.12 clearly lay down that this section shall prevail, even if any thing contrary is contained in any law for the time being in force or anything having the force of law or in any agreement. This legislation was enacted for the benefit of the mortgagors. The section is so widely worded that it includes any type of usufructuary mortgage relating to an agricultural land. It is well khown that the mortgagors have suffered a lot at the hands money-lend