S.S.Sandhawalia, J.

1. Whether a mortgage must be a subsisting one on the date of the enforcement of the Bihar Money-Lenders Act, 1974 in older to attract the provisions of statutory redemption Under Sec.12 thereof is the significant common question in this set of four cases referred for hearing by a Full Bench. Pointedly at issue is the correctness of the earlier Division Bench decision in Ram Rup Kuer v. State of Bihar 1978 B.B.C.J. 282 holding so in the affirmative.

2. In an issue so pristinely legal the facts inevitably recede to the background. Nevertheless the skeletal ones only may be noticed to provide the terrafirma for the aforesaid common question involved in these cases. These may be noticed from C.W.J.C. 1973/79 Raghunandan Rai V/s. The State of Bihar and Ors. Way back on the 14th of May, 1943 the mortgage was created of a tenure right which included some bakasht land. Respondents 4 and 5 preferred an application Under Sec.12 of the Bihar Money Lenders Act (hereinafter called the Act) before the Land Reforms Deputy Collector, Bettiah. On the 15th of September, 1975 notice thereof was issued to the petitioner and a detailed rejoinder was filed (vide Annexure 2).