S.N. Dwivedi, J. - (1.) All these cases have been referred to a Full Bench for opinion on a single question. The question is his: Whether a person to whom the mortgagor of sir and khudkasht plots has sold or gifted the right of redemption in the said plots is the 'mortgagor' within the meaning of that word in Sec. 14(2) of the ZA and LR Act (hereinafter called the Act)?
(2.) The relevant part of Sec. 14 provides: (1) Subject to the provisions of Sub -section (2), a mortgagee in possession of an estate or share therein shall, with effect from the date of vesting, cease to have any right to hold or possess as such any land in such estate. (2) Where any such land was in the personal cultivation of the mortgagee on the date immediately preceding the date of vesting - (a) if it was sir or khudkasht of the mortgagor on the date of the mortgage, the same shall, for purposes of Sec. 18, be deemed to be the sir or khudkasht of the mortgagor or his legal representative;.... Explanation -for the purposes of this Sec. a mortgagee in possession includes a thekadar of his rights as mortgagee in the land.
(3.) According to one argument before us the question formulated earlier by me should be answered in the affirmative; according to the rival argument we should give a negative answer. The answer depends upon the true meaning of the word 'mortgagor' in Sec. 14(2)(a).;