MISHRI LAL(DEAD) BY LRS. vs DHIRENDRA NATH (D) BY LR DILIP KR RAY(D)

The Supreme Court upheld the Madhya Pradesh High Court's confirmation of a preliminary decree allowing the plaintiffs' claim for redemption of mortgaged properties under the Madhya Bharat Zamindari Abolition Act, 1951. The Court interpreted Section 4(27) of the Act, which protects the possession of Khudkasht land by the Zamindar, establishing that the mortgagee's interest in such land is not recognized post-vesting. The ruling clarified that the statutory intent is to ensure that Khudkasht land remains with the Zamindar, thereby reinforcing the principle that mortgaged Khudkasht land cannot be claimed by the mortgagee after the Act's enactment.