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Bhagwati Prasad and anr. Vs. Mt. Shitali and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad High Court
Decided On
Case NumberCivil Revn. No. 461 of 1950
Reported inAIR1953All241
ActsDebt Law; Uttar Pradesh Agriculturists' Relief Act, 1934 - Sections 12
AppellantBhagwati Prasad and anr.
RespondentMt. Shitali and ors.
Appellant AdvocateHirday Nath Seth and ;Man Singh, Advs.
Respondent AdvocateVishwanath Singh, Adv.
DispositionRevision allowed
property -occupancy plots mortgage - section 12 of u. p. agriculturists' relief act, 1934 - section 12 not applicable to redemption of mortgage of occupancy plots. - .....the parties shall bear their own costs inall the.....

Chaturvedi, J.

1. This is a defendant's 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 inrevision, set aside the decrees of the Courtsbelow and dismiss the suit. In view of thepeculiar circumstances of the case, I directthat the parties shall bear their own costs inall the Courts.

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