Ramaniwas Singh And Ors. vs Sheomangal Prasad on 6 May, 1978
In Guru Narayanprasad v. Pt, Ke-darnath Vishweshwarprasadji, AIR 1961 Madh Pra 216, T. P. Naik and T.C. Shrivastava, JJ. held that by virtue of Clause (a) of Sub-section (1) of Section 6 of the Act, all Jagir lands stand resumed free from all encumbrances, and therefore, the State Government is not liable for payment of the mortgage debt. They further held that the effect of Clause (g) of Sub-section (1) of Section 6 is that by legal fiction a mortgage with possession of Jagir lands after resumption is deemed to be substituted by a simple mortgage. The implication of substituting a mortgage with possession by a simple mortgage is to bring into existence the personal liability of the mortgagor under a simple mortgage as denned by Section 58 of the T. P. Act. Consequently, the ex-Jagirdar becomes personally liable for the debt. Thus, the mortgagee has a right to sue for recovery of the amount from the Jagirdar. In the light of these principles, there can be no denial of the fact that the substitution of a simple mortgage in place of a mortgage with possession under Section 6 (1) (g) of the Act brought into existence a personal liability of the plaintiff to pay the debt. As already Stated, the plaintiff has redeemed the
mortgage by paying off Rs. 2,074 in satisfaction of the decree passed by the
Additional District Judge, Satna, in Civil
Appeal No, 18-B of 1960, decreeing the
defendant's suit for recovery of the
amount due on the mortgage towards
the principal and interest thereon. It is
also conceded that the defendant was
not entitled to an allotment of the land
under Section 28. It is, therefore, clear that
the defendant is nothing but a rank
trespasser.