MER RANMAL VEMAN Vs. MER VAJSHI PARBAT
LAWS(GJH)-1963-4-4
HIGH COURT OF GUJARAT
Decided on April 24,1963

MER RANMAL VEMAN Appellant
VERSUS
MER VAJSHI PARBAT Respondents

JUDGEMENT

V.B.Raju, J. - (1.) The question raised in this revision application is an important and difficult one. This application arises out of proceedings under the S. A. D. E. Act, which will hereinafter be inferred to as the Act. An application was filed for the adjustment of debts under Section 4 of the Act by three persons Mer Vajshi Parbat, Bhoja Parbat and Giga Parbat. The debt sought to be adjusted was shown as one of Rs. 50/-, but no other particulars of the debt were given in the Schedule attached to the application. In the application it was stated, that one Ranmal Veman was in possession of certain properties as mortgagee. The application was made against Ranmal Veman and others. It is contended in this application by the learned counsel for Ranmal Veman that even according to the case of the applicants they had no dealings with Ranmal Veman and that even according to the case of the original applicants Parbat Jetha, the father of the original applicants, had mortgaged his property to one Veman Ram. It is, therefore, contended that even accord-ing to the original applicants, who made an application for the adjustment of debts, the debt was not their debt. It is, therefore, contended that such an application cannot lie under the provisions of the Act.
(2.) It is, therefore, necessary to consider the relevant provisions of the Act. The preamble of the Act provides that it is necessary to ameliorate the condition of Girasdars and Barkhalidars and to give them relief against the burden of debt. It provides that it is also necessary to provide relief to agriculturists other than Girasdars and Barkha-lidars against the burden of debt. Then the preamble provides that in order to achieve this purpose, it is expedient to provide for the adjustment and scaling down of their debts. It is, therefore, clear that the Act meant to adjust and scale down only their debts.
(3.) It is true that the words "his debts" are not used in Section 4 of the Act, which refers to an application for adjustments of debts. That section merely provides that any debtor as provided in that section may make an application for the adjustment of debts. The words "his debts" are, however, used in Section 4 of the B. A. D. R. Act, and we are not dealing with the provisions of the B. A. D. R. Act.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.