R.N. Gurtu, J. - (1.) The question which falls for determination in this appeal is as to whether the word 'mortgagor' in section 14 (2) (a) of the ZA and LR Act includes the holder of the equity of redemption. I may proceed to quote the whole of section 14 as it will enable one to appreciate the decision which I am giving. "14 Estate in possession of a mortgagee with possession- (1) Subject to the provision of subsection. (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. (3) 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 section 18, be deemed to be the Sir or Khudkasht of the mortgagor or his legal representative ; (b) If it was not Sir or Khudkasht of the mortgagor on the date of the mortgage the mortgagee shall subject to his paying to the State Govt., within six months from the date of vesting any amount equal to five times the rent calculated at hereditary rates applicable on the date immediately preceding the date of vesting, be deemed for purposes of section 19, to have held such land on the date aforesaid as a hereditary tenant thereof at the said rate of rent: Provided that if the mortgagee fails to pay the "amount aforesaid within the time allowed, he shall thereupon lose all rights in such land which shall be deemed to be vacant land and he shall be liable to ejectment on the suit of the Gaon Sabha or the Collector Under Section 209 as if he were a person in possession thereof otherwise than in accordance with the provisions of this Act."
(2.) The view of the court below is that the word 'mortgagor' includes the owner of the equity of redemption. The contention raised before me on behalf of the Appellant is that the word 'mortgagor' does not include the owner of the equity of redemption. Neither the word 'mortgagor' nor the word 'mortgagee' have been defined in the ZA and LR Act. It is, however, evident that the word 'mortgagor' and the word 'mortgagee' can have no other meaning than what has been assigned to them under the Transfer of Property Act.
(3.) section 59 (a) of the Transfer of Property Act lays down that- "Unless otherwise expressly provided, reference in Ch. IV to mortgagor and mortgagee shall be deemed to include reference to persons deriving title from them respectively.";