NAND RAM CHHOTEY LAL Vs. KISHORI RAMAN SINGH

JUDGEMENT

(1.) This Civil Revision by Messrs, Nand Ram Chottey Lal, decree-holders, has been filed against the orders passed by the Special Judge, first class, Ali-garh, reducing the debts of the applicants from Rs. 6,46,000/- to Rs. 1,84,571/- under Section 4 of the U. P, Zamindars debt Reduction Act, 1952 (hereinafter called the Act).

(2.) Briefly stated the facts are that the applicants advanced a sum of Rs. 5,11,000/- on the basis of a mortgage dated 20th June, 1924, and another sum of Rs. 1,35,000/- on the basis of another mortgage dated 23rd May, 1929 to Raja Datt Prasad Singh. The properties mortgaged in the first deed consisted of Zamindari properties of 56 villages and the right to receive Malikana in the sum of Rs. 23,802/- per annum from the Government treasuries at Mathura and Aligarh. In the second mortgage 35 other villages besides the 56 villages of the first mortgage all in the districts of Mathura and Aligarh, constituted the mortgage property.

(3.) The original mortgagor Raja Dutt Prasad Singh died some time in the year 1932 and the estate was taken under the superintendence of the Court of Wards. The Court of Wards had first filed a suit under Section 33 U. P. Agriculturists' Relief Act for accounting and declaration of the amount due in respect of both the Mortgages. The liability of the mortgagor was determined on 21st October, 1936, at a sum of Rs. 7,00,108/- and though the decree-holder could claim a decree for the sum determined in these proceedings, yet he did not do so. About a week after, on 28th October, 1936, the Court of Wards filed an application under Section 4 of the ,U. P. Encumbered Estates Act impleading all the creditors including the applicants. The claims of the creditors were determined including that of the present applicants. We are not concerned in this case with the determination of other claims. The claim of the present applicants was determined on, 10-3-1949, at a sum of Rs. 6,46,000/- which constituted the principal amount of the two mortgages. After the decree liquidation, proceedings were started which remained stayed either due to the orders of the Government or the; passing of U. P. Act X of 1950 pending legislation regarding the abolition of the zamindari.