Decided on November 29,1952

GANI KHAN Appellant
NARAIN SINGH Respondents


Jagat Narayan, J. - (1.)THIS is a second appeal by the decree-holders against an appellate order of the District Judge Bikaner passed in execution proceedings.
(2.)NARAIN Singh judgment-debtor is an ex-Jagirdar. The decree-holders obtained a decree for Rs. 11,055/10/- against him on 22. 5. 44. The debt to which this decree related was a secured one. After the passing of the Rajasthan Jagirdars' Debt Reduction Act No. 9 of 1957, which came into force on 12. 2. 57, the Jagirdar became entitled to receive interim compensation for the jagir lands and interim rehabilitation grant amounting to Rs. 2,444/ -. This was got attached by the decree holders in execution of their decree before 10. 5. 58. On 10. 1. 59 the balance of the decretal amount was reduced by the executing court under sec. 4 of the Debt Reduction Act to a sum of Rs. 5,204/8/ -. The executing court passed an order for the payment of the whole of the attached amount namely Rs. 2,444/- to the decree-holders in execution of their decree.
Against this order the judgment-debtor preferred an appeal to the learned District Judge who held that under Schedule II the decree-holders were entitled to get only half the amount of compensation and rehabilitation grant payable to the Jagirdar. The total compensation and rehabilitation grant payable to the judgment debtor is Rs. 36,310. 30. Formula No. 4 as given in Schedule II is applicable to him. According to this formula the maximum amount out of the aggregate of the compensation and rehabilitation grant against which a decree can be executed (E) is half of the total amount of compensation and rehabilitation grant payable for the jagir lands (T ).

On behalf of the appellants it is contended that the above formula is only applicable to the whole of the amount and is not applicable to every instalment of the compensation and rehabilitation grant. This contention is in my opinion correct. The following paragraph was added to Schedule II by the Rajasthan Jagirdars Debt Reduction (Amendment) Act 1958 which came into force on 20. 1. 59: - "it is hereby declared that the amount left after deducting E from T shall be deemed to be exempt from attachment, whether before or after judgment, and every instalment of T, whether paid before or after the final determination thereof, shall also be so exempt to the extent of the portion thereof bearing to the amount of such instalment the same ratio as the difference between T (whether determined or, if not determined, claimed) and E bears to such T. "

Under the above amendment no doubt the decree-holders can only get half of every instalment of compensation and rehabilitation grant. But this amendment has not been made retrospective. It came into force on 20. 1. 59 whereas the attachment in this case was made before 10. 5. 58. The amendment is therefore not applicable to the present case.

I accordingly allow the appeal, set aside the order of the appellate court ana restore that of the executing court. The whole of the amount of Rs. 2,444/-shall be paid to the decree-holders in execution of their decree.

In the circumstances of the case, I direct that parties shall bear their own costs of this appeal. .

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