P.K. Tare, J

This is the Plaintiffs' appeal against the dismissal of their claim by Shri G.C. Saksena, Second Additional District Judge, Bilaspur in Civil Suit No. 6-A of 1955 decided on 22-7-1955.

The Respondent executed a deed of mortgage by conditional sale dated 3-7-1948 (Exh. P-1) in favour of the Appellants for a consideration of Rs. 16,000, whereby eight annas village share of mauza Pondi, along with 147.64 acres of sir and 22.69 acres of khudkasht lands and a house were mortgaged with stipulations that interest was to be charged at twelve annas per cent. per month, and the whole of the amount with interest was repayable within two years, in default of which the mortgagee was to become entitled to foreclose the property. As per recitals of the deed, the debt was incurred in order to redeem the previous mortgage debt of one Jagannath Prasad amounting to Rs. 12,154 in respect of this very property, and to repay some other debts.

After the enactment of the M.P. Abolition of Proprietary Rights Act I of 1951, the village share vested in the State, while the sir and khudkasht lands became the malik-makbuza of the ex-proprietor-mortgagor under Section 38 of the said Act. He fi