S.S.Sandhawalia, J.

1. The somewhat ticklish question which comes to the fore in this reference to the Full Bench is-whether a term of personal covenant to pay the mortgage amount in a deed of usufructuary mortgage would convert it into an anomalous one for the purpose of Sec.12 of the Bihar Money Landers Act, 1974 ? Equally at issue is a somewhat veiled doubt of a conflict betwixt Division Bench judgments in 1982 PLJR 446 (Hari Narain Singh V/s. The State of Bihar and Ors.) and 1985 BBCJ 119 (Kapildeo Nairain Sigh V/s. Deputy Collector, Land Reforms).

2. The facts giving rise to the issue aforesaid are in termingled in the some what parallel proceedings betwixt the parties in the Civil Court and before the authorities under the Money Lenders Act. Since admittedly with regard to the proceedings in the Civil Courts. First Appeal No. 201 of 1983 is pending in this High Court against the judgment and decree dated the 29th of January, 1983, and the matter is subjudice, it is both apt and necessary to separate that the aspect and reference to the same becomes somewhat unnecessary.

3. On the 16th of November, 1967, respondent No. 1, Smt. Suryamukhi Devi executed two registered de