fact that the land vests with the Government in view of the Act, which came into force. When such being the case, creation of mortgage and also creating any sale deed also does not convey any right either in favour of the mortgagee or the purchaser when the land does not vest with the mortgagor and the said fact is also taken note of by the trial court that the land vests with the Government in view of the Act and the same is also considered by the appellate court in paragraph No.17 and an observation is made that plaintiff admits that the whole village vests with the Government due to the Act, which came into force and also an observation is made that the plaintiff has not placed any evidence before the court showing item No.1 is granted to him and he is in possession of the said property. Moreover, the plaintiff has sought the relief of foreclosure against the defendant, but according to the plaintiff himself, the defendant is not mortgagor, but one Kapregowda is mortgagor. Hence, the learned trial judge has rightly opined that the suit of the plaintiff for foreclosure does not survive.
