JUDGEMENT
-
(1.)The only point involved in the above two petitions for revision is whether Section 10, Displaced Persons (Debts Adjustment) Act applies to a pecuniary liability incurred after the commencement of the Act. In each of the cases, the displaced debtor renewed the debt (advanceed to him before' l-S-lf.47, when he resided in the territory now forming part of the Dominion of Pakistan) by executing a balance in favour of his displaced creditor after the Displaced Persons (Debts Adjustment) Act, (hereinafter to be referred to as the Act) had come into force. Application of the creditor for realisation of this debt under Section 10 of the Act was returned by the Tribunal as incompetent on the ground that the liability -arose after the commencement of the Act. It is against this order of the Tribunal that each of these petitions is directed.
(2.)In Net Ram Petitioner's case, a sum of Rs. 4,000/- was originally advanced to Sobh Raj, father of Gopal Dass Respondent, on 2nd Magh, 2002 (19-1-1946). Sobh Raj struck a balance for Rs. 4100/- on 24-4-2004 (8-8-1947) before his migration, and then for Rs. 4240/- on 14-6-2006 (29-9-1949) after he had migrated to and settled at Kuru- kshetra. On 3-4-2009 (18-7-1952), the debt was once again renewed in the form of an agreement executed by Sobh Raj for payment of Rs. 4260/-. It is this pecuniary liability of his father which is the basis of the present application against Gopal Dass Under Section 10 of the Act. The Act in this State came into force on 20-12-1951.
(3.)In the other case of Bhajna Mai Petitioner, the liability for payment of Rs. 1545/4/- was first incurred by Nebh Raj Respondent on 15-5-2003 (30-8-1946), before his migration to India. The amount increased to Rs. 1702/1/- and a balance therefore was executed by Nebh Raj on 1-5-2006 (16-8-1949) after his migration, and then again for Rs. 1725/- on 30-2-2009 (30-6-1952). The present application by Bhajna Mai under Section 10 of the Act is based upon this liability incurred by the Respondent after the commencement of the Act.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.