JAGAT NARAYAN, J. - (1.) THIS is a revision application by the plaintiff against an order of the Civil Judge, Kota, abating his suit for recovery of mortgage money by the sale of the mortgaged property.
(2.) BHANWARLAL and his wife Smt. Bhanwari Bai mortgaged their house in favour of Kajorilal. They are not agriculturists. After the mortgage they transferred the house to Harish Chandra who alleges that he is an agriculturist. Kajorilal brought the present suit for recovery of mortgage money by the sale of the mortgaged property against BHANWARLAL, Smt. Bhanwari and Harish Chandra. This suit was abated by the trial court on the ground that Harish Chandra had filed an application for the determination of his debt under the Rajasthan Relief of Agricultural Indebtedness Act, 1957. So far as the mortgage transaction is concerned Harish Chandra is not a debtor of Kajorilal plaintiff or of Bhanwarlal and his wife. It has been specifically mentioned in sec. 4 (h) of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 that a mortgage claim against property in the hands of a subsequent transferee is not affected by the provisions of the Act. I accordingly allow the revision application, set aside the order of the learned Civil Judge and direct him to proceed to dispose of the suit in accordance with law. .;