S.S.SANDHAWALIA, J.

1. Which is the appropriate forum for the exercise of jurisdiction for redemption of usufructuary mortgages under S.12 of the Bihar Money Lenders Act, 1974 , has ultimately come to be the core question in this reference to the Full Bench.

2. The facts would now deserve notice only within the narrow confines of their relevance to the primal issue aforesaid. The proceedings stem from a mortgage executed way back on the 15th of June, 1900, made by Rano wife of Fakira Mandal in favour of Banwari Mandal, predecessor-in-interest of writ petitioners 1 to 4. It is the common case that respondents 1 to 5 preferred an application under S.12 of the said Act before the Anchal Adhikari, Sultanganj, claiming that the mortgage stood wholly redeemed on the expiry of a period of seven years from the date of its execution and, therefore, prayed for the restitution of possession to them. It would appear that the Anchal Adhikari issued notice in the matter to the opposite party and fixed 17th December, 1975, for hearing, and on the said date without giving any opportunity to the opposite party to file any rejoinder or lead evidence or produce documents, he heard the parties