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1952 Supreme(All) 244
IN THE HIGH COURT OF ALLAHABAD
Chaturvedi, J.
BHAGWATI PRASAD - Appellant
Versus
SHITALI - Respondents
Civil Revn. 461 Of 1950
Decided On : 10/13/1952
Subject
Property Law - Mortgage Redemption
Act Referred
Headnote
Agriculturists Relief Act - Redemption of Mortgage of Occupancy Plots - Court ruled that an application under Section 12 of the Agriculturists Relief Act is not maintainable for redemption of a mortgage of occupancy plots.
Fact of the Case:
Defendant's application in revision arising out of an application under Section 12, Agriculturists Relief Act. The properties sought to be redeemed are certain occupancy plots.
Finding of the Court:
The application in revision is allowed, the decrees of the Courts below are set aside, and the suit is dismissed. The parties shall bear their own costs in all the Courts.
Issues: Redemption of mortgage of occupancy plots under Section 12, Agriculturists Relief Act.
Ratio Decidendi: An application under Section 12 of the Agriculturists Relief Act is not maintainable for redemption of a mortgage of occupancy plots.
Final Decision: Defendant's application in revision is allowed, decrees of the Courts below are set aside, and the suit is dismissed. The parties shall bear their own costs in all the Courts.
Hirday Nath Seth, MAN SINGH, VISHWANATH SINGH
( 1 ) THIS is a defendants application in revision arising out of an application under Section 12, agriculturists Relief Act. The learned counsel for the plaintiffs opposite parties, Mr. Bishwanath singh has very frankly conceded that this application must be allowed, because the properties sought to be redeemed are certain occupancy plots. A Full Bench case of this Court has ruled that an application under Section 12, Agriculturists Relief Act is not maintainable for redemption of a mortgage of occupancy plots. This Full Bench case is reported in -- mahabal singh v. Ram Raj, 1950 All LJ 713 (FB ).
( 2 ) I, accordingly, allow this application in revision, set aside the decrees of the Courts below and dismiss the suit. In view of the peculiar circumstances of the case, I direct that the parties shall bear their own costs in all the Courts.
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