Khanna, J. - (1.) This appeal on certificate is directed against the judgment of Nagpur Bench of the Bombay High Court whereby petition under Article 227 of the Constitution of India filed by the appellants for quashing orders made by the Claims Officer and the appellate authority under the provisions of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (Act No. 1 of 1951) (hereinafter referred to as the Act) was dismissed.
(2.) The appellants are the legal representatives of Kesheorao deceased who mortgaged, as per mortgage deed dated May 10, 1927, property situated in two Taluks Yeotmal and Kalapur for Rs. 42,000 in favour of Hirachand Ratanchand Munot respondent No. 3 and his predecessors. After the mortgagees had made attempt to secure payment of the mortgaged money, the proprietary interest of the mortgagor in the mortgaged property was extinguished under the Act. Provision was made in the Act for ensuring the payments of debts incurred by the proprietor whose proprietary right was extinguished under the Act.
(3.) On August 18, 1951 an application was made by the mortgagor under Section 19 of the Act for determining the amount payable under the above mentioned mortgage. The file of the case was subsequently found to be missing and thereupon Sub-Divisional Officer Yeotmal, who was one of the Claims Officers competent to deal with the matter, was directed to determine the amount due under the mortgage. On August 31, 1962 the Sub-Divisional Officer passed an order holding that an amount of Rs. 79,192 was due and payable by the mortgagor to the mortgagees. An appeal was filed against the above order and the appellate authority, Commissioner of Nagpur Division, as per order dated August 13, 1963 affirmed the finding of the Sub-Divisional Officer with regard to the principal debt. As regards interest, the appellate authority held that the order made by the Claims Officer was not in accordance with law. The matter was accordingly remanded. On November 4, 1963 the Sub-Divisional Officer, Yeotmal in his capacity as Claims Officer, held that an amount of Rupees 65,719.09 paise was due under the mortgage. On the same day, i.e. November 4, 1963 the appellants filed petition under Article 227 of the Constitution for quashing order dated August 31, 1962 made by the Claims Officer as well as order dated August 13, 1963 made by the appellate authority. It may be mentioned that appeal filed by the appellants is already pending against the order dated November 4, 1963 of the Claims Officer.;