Preliminary decree for redemption was accordingly granted.
Facts necessary for the purpose of this appeal alone may briefly be stated.
In the High Court also three appeals were presented.
Some other persons who were found to be in possession of the land, claiming to be tenants, were also impleaded as defendants.
The plaintiffs were held entitled to redeem the mortgage by paying the mortgage money but disentitled to get possession of the mortgaged land.
On May 25, 1951 Madhya Bharat Zamindari Abolition Act XIII of 1951 was enforced.
That Court disposed of all appeals by a companymon judgment and came to the companyclusion that the lands had been mortgaged with possession by Samle Singh and Jomdar Singh with Munshi Singh and that they were under self cultivation of the plaintiffs before the mortgage, the mortgagees having companye into possession by reason of the mortgage.
The other two appeals were dismissed.
The pleadings after the amendment gave rise to nearly 17 issues on the merits.
In June, 1943 the suit giving rise to the present appeal was instituted for redemption of the mortgage.
In support of this view the High Court relied on this Courts decision in Haji Sk.
It appears that an application to amend the plaint as a result of the new enactment was disallowed by the trial Court, but on revision the Madhya Pradesh High Court by its order dated October 10, 1955 reversed the order of the trial Court and permitted the plaintiffs to amend the plaint.
21/2001 filed on record.
The proprietary rights including the right to get possession having vested in the State under the aforesaid Act, the plaintiffs, according to the High Court, companyld only claim companypensation from the Government on the basis of their proprietary rights after redeeming the mortgage by making payment of the mortgage money.
In October, 1960 the plaintiffs appeal was partly allowed and mesne profits decreed from the date of deposit of the mortgage amount in Court.
Three appeals were presented in the District Court against the decree founded on this judgment, one of them being by the plaintiffs challenging refusal by the trial Court to grant mesne profits.
The matter was taken by the defendants to the High Court on second appeal, the plaintiffs having also preferred an appeal in that Court against the decree of the first appellate Court declining to give full relief claimed in regard to mesne profits.
It is said that in May, 1943 numberice given by the moitgagors for redemption of the mortgage was refused by the mortgagee.
In May, 1939 Ramie Singh and Jomdar Singh created, a mortgage of the suit land in favour of Munshi Singh for a sum of Rs.
It is number necessary to state the detailed facts of the case.
D. Dua, J. This is the plaintiffs appeal by special leave from a companymon judgment and decree of a learned Single Judge of the Madhya Pradesh High Court at Gwalior dated September 27, 1962 partially allowing the defendants second appeal and dismissing that of the plaintiffs.
