RANA SHEO AMBAR SINGH versus ALLAHABAD BANK LTD., ALLAHABAD

Citation: [1962] 2 S.C.R. 441 · Decided: 27-04-1961 · Supreme Court of India · Bench: T.L. VENKATARAMA AIYYAR · Disposal: Appeal(s) allowed

Cited by 7 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

2 S.C.R. 
SUPREME COURT REPORTS 
441 
RANA SHEO AMBAR SINGH 
v. 
ALLAHABAD BANK LTD., ALLAHABAD 
(P. B. GAJENDRAGADKAR, K. N. w ANCHOO, 
K. C. DAS GuPT4 and 
T. L. VENKATARAMA AIYAR, JJ.) 
Mortgage Decree-Proprietary rights in Zamindari-Exccu-
tion proceedings pending -Zamindari rights abolishcd-Bhumidari 
rights confirmed on intermediaries-·M ortgagor, if can sell Bhumi-
dari 
rights in execution-Relief available-U. P. Zamindari 
Abolition and Land Reforms Act, r950 (U.P. I of r95r), ss. 6(a)(i), 
6(h), r8. 
The appellant's father, a Talukdar of the Estate of Khajur-
gaon, executed a simple mortgage of his proprietary interest in 
the estate consisting of sixty-seven villages to the Allahabad 
Bank Ltd. While execution proceedings were pending, the 
U. P. Zamindari Abolition and Land Reforms Act, i950, came 
into force from July 1952. 
As a result, the Zamindari rights of 
the appellant judgment-debtor were abolished and it was no 
longer possible to sell these rights in the 67 villages. The 
respondent Bank made an application before the executing 
court that as the Zamindari rights could not be sold, only such 
rights of the judgment-debtor as remained in him after coming 
into force of the Act might be sold along with certain otl1er 
rights. 
Objections were taken and finally the matter came up by 
appeal to the High Court and it, inter alia, upheld the view of 
the executing court that the execution could proceed against the 
Bhumidari rights created in favour of the appellant under s. 18 
of the Act. 
The question was whether the Bhumidari rights created 
under s. 18 of the Act could also be sold in execution of the 
decree in view of the fact that the proprietary rights had vest-
ed in the State. 
Held, that the intention of the U. P. Zamindari Abolition 
and Land Reforms Act was to vest the proprietary rights in the 
Sir and Khudkast land and grove land in the Estate by virtue 
of s. 6(a)(i) and resettle it on the intermediary not as compensa-
tion but by virtue of his cu1tivatory possession of lands com-
prised therein and on a new tenure and confer upon the inter-
mediary a new and special right of Bhumidari, which he never 
had before, by s. 18 of the Act. 
The proprietary rights in Sir, Khudkast land and grove 
iand which were mortgaged were extinguished, and the Bhumi-
dari right which was altogether a new right could not be con-
sidered to be included under the mortgage. 
April 27. 
Rana Sheo 
Anibar Singh 
v. 
Allahabad 
Rani~ 
Ltd., Allahabad 
442 
SUPREME COURT REPORTS 
[1962] 
The mortgagee could only enforce his rights against the 
mortgagor in the manner as provided by s. 6(h) of the Act read 
withs. 73 of the Transfer of Property Act and follow the com-
pensation money; and so far as the Sir, Khudkast land and 
grove land were concerned, he could not enforce his rights 
under the mortgage by the sale of the Bhumidari rights created 
in favour of the mortgagor against them as a substituted secu-
rity. 
In the instant case the Bhumidari rights created in favour 
of the appellant could not be sold in execution of the decree 
held against him by the respondent under the mortgage of 1914. 
CIVIL APPELLATE 
JURISDICTION: 
Civil 
Appeal 
No. 301 of 1960. 
Appeal from the judgment and decree dated Sep-
tember 24, 1958, of the Allahabad High Court (Luck-
now Bench) at Lucknow in First Execution of Decree 
Appeal No. 8 of 1953. 
0. B. Agarwala, Shankar Prasad and 0. P. Lal, 
for the appellant. 
Iqbal Ahmed, N. 0. Chatterjee, D. N. Mukherjee 
and B. N. Ghosh, for the respondent. 
1961. April 27. 
The Judgment of the Court was 
delivered by 
Wanchoo ]. 
WANCHOO, J.-This is an appeal on a certificate 
granted by the Allahabad High Court. The brief 
facts necessary for present purposes are these. The 
appellant's father Rana Umanath Bakshsingh was the 
Talukdar of Khajurgaon. On July 13, 1914, Rana 
Umanath Bakshsingh executed a simple mortgage in 
favour of the Allahabad Bank Limited (hereinafter 
called the respondent). The mortgage was for a sum 
of Rs. 6,00,000 and the property mortgaged consist-
ed of sixty.seven villages. In May 1924, the respon-
dent filed a suit for the recovery of the balance of the 
unpaid mortgage money by the sale of the mortgaged 
property. In January 1925 a preliminary decree for 
the recovery of rupees four lacs and odd was passed, 
which was made final in July 1926 and directed the 
sale of the mortgaged property, namely, the proprie-
•
tary rights of Rana Umanath Bakshsingh in

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