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1984 Supreme(Pat) 228

ANAND PRASAD SINHA, LALIT MOHAN SHARMA
Kapildeo Narain Singh – Appellant
Versus
Deputy Collector, Land Reforms – Respondent


Judgment

LALIT MOHAN SHARMA, J.

1. The point involved in this case relates to the interpretation of S.12 of the Bihar Money Lenders Act, 1974 . The section deals with the automatic satisfaction of the dues in respect of a usufructuary mortgage after expiry of a period of seven years from the date of execution of the mortgage bond.

2. Each of the respondents 3 and 4 executed a mortgage deed in favour of the petitioner on 29-5-1973 in respect of certain agricultural lands. The respondents filed separate applications before the respondent No. 2 (Collector within the Act) for evicting the petitioner from the lands. A single case registered as Redemption Suit No. 26 of 1982 was started on their basis. The petitioner objected, but the respondent No. 2 allowed the prayer of the respondents 3 and 4 by order in Annexure 1 to the writ petition. The petitioner appealed before the Land Reforms Deputy Collector, respondent No. 1, but without waiting for its disposal, filed this writ application on 14-7-1983. The case was admitted on 19-7-1983. Subsequently, the appeal before the respondent No. 1 was dismissed for default in absence of the parties. The petitioner prays for quashing the entire red


























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