Malik, C.J. - (1.) THESE two cases are connected and can be disposed of by one judgment. The civil revision arises out of proceedings started under Section 12 of the U.P. Agriculturists' Relief Act and the second appeal has been filed by the mortgagees to enforce their mortgage.
(2.) ON the 4th August, 1936, Fateh Shankar and his son Bhanu Shankar borrowed a sum of Rs. 4,000/ - from Gopi Nath and his son Ram Swarup and mortgaged a shop situate in Aligarh. On the 30th May, 1938, the mortgagees served a notice on the mortgagor claiming payment of the amount, on failure to pay which they said that they would bring a suit on the mortgage. The mortgagor, however, sent a letter on the 7th November, 1938, promising to make some arrangement for payment and it is admitted that since then and before the filing of the suit some payment towards the mortgage was made but the whole amount was not paid. On 8th February, 1944, Bhanu Shankar filed an application under Section 12 of the Agriculturists' Relief Act for the redemption of the mortgage. He impleaded Gopi Nath and his son, Ram Swarup, as Defendants to the action. This case was registered as suit No. 80 of 1944. On 5th May, 1944, the mortgagors filed a suit, No. 184 of 1944, against Fateh Shankar alone. Bhanu Shankar was not impleaded. On 9th May, 1944, Fateh Shankar died and then Bhanu Shankat's name was substituted in suit No. 184 as the legal representative of Fateh Shankar.
(3.) THE trial court dismissed the application of Bhanu Shankar on the ground that Fateh Shankar was not an agriculturist and Bhanu Shankar was not a mortgagor as the shop admittedly belonged to his father and Bhanu Shankar had, therefore, no right to apply under Section 12 of the Agriculturists' Relief Act. The suit filed by the mortgagees for recovery of the mortgage debt was decreed on the same day and a decree for Rs. 2,222/15 was passed in their favour.;