BISHUN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD.

(2.) THE petitioner is aggrieved by order dated 28.7.2005, passed by the Collector of the District Saran at Chapra passed in Money Lenders (Redemption) Revision Case No. 617 of 2001, whereby the revision application of the mortgagor seeking redemption has been allowed. The petitioner is a money lender. On taking certain lands on usufructory mortage on 25.6.1948 and 27.5.1974, petitioner 'sfather had lent out money to the father of the private respondents no. 5. The private respondents has appeared but has not filed counter affidavit. It appears that the private respondents filed an application before the Anchal Adhikari for usufructory mortgage to be redeemed in terms of sec. 12 of the Bihar Money Lenders Act 1974 The Anchal Adhikari held that a: the petitioner i.e. the mortgagee money lenders had more than two and half acres of land and as such he was not covered by the exemption notification issued by the State of Bihar in the year, 1981 and accordingly held that the mortgage stood redeemed by operation of sec. 12. The petitioner preferred an appeal which was allowed by the D.C.L.R. holding that the mortgagor had sought redemption which was barred by limitation. So far as the mortgage of 1948 is concerned and so far as the other mortgages is concerned he held that the petitioner came within the exemption of the notification issued in 1981 having land less than 2.5 acres thus the appeal of the petitioner was allowed and it was held that neither of the two mortgages could be redeemed. The borrower that is the mortgagor then filed a revision before the Collector which has been allowed by the impugned order.

(3.) HAVING heard the matter and with consent of the parties this application is being disposed of at the stage of admission itself. So far as the mortgage made in the year 1948 is concerned, in my view there cannot be any dispute that by operation of the provisions of sec. 12 of the Bihar Money Lenders Act the same had automatically redeemed so is the declaration of law contained therein. This redemption attain finality the date section 12 of the Act was enacted. The redemption took place in 1974 itself and that right was perfected and complete in itself. No law of limitation would arise in such an event and no subsequent notification could take away such a right.