MUTHURAMAN ELEMENTARY SCHOOL COMMITTEE Vs. NOBLE RAJ J.

JUDGEMENT

(1.) THIS civil miscellaneous second appeal arises in execution. In pursuance of a decree passed in O.S. 710 of 1972 on the file of the Court of the District Munsif, Tirunelveli, certain moneys payable to the judgment debtors were attached by prohibitory order. The judgment debtors unsuccessfully agitated before the executing court as well as the first appellate court that the said amount is not attachable under the provisions of the Civil Procedure Code. The judgment debtors have filed this civil miscellaneous second appeal contending that the attachment is bad in law and that therefore it has to be raised. The judgment -debtors are, the School. Committee which manages the Muthuraman Elementary School, Muthumothanmozhi, through its manager, Shanmughasundara Pandia Nadar, as well as the said Shanmughasundara Pandia Nadar himself. The amount attached by a prohibitory order is one payable by the Government to the judgment -debtors as building grant for the said school. The objection by the judgment -debtors is that such building grant being earmarked for the specific purpose of maintenance of the building of the school, cannot be attached. It is contended that the sum payable by the Government is not a debt inasmuch as the Government can withhold payment under certain contingencies.

(2.) IN this connection, the decision reported in Brijkumar v. Naurangi Lal, AIR 1938 Lah 336 was referred to. There it was pointed out that a debt is an obligation to pay a liquidated (or specified) sum of money and that the word 'debt' in Section 60 therefore means an actually existing debt, that is a perfected and absolute debt. It was also pointed out that a sum of money which might or might not become due, or the payment of which depends upon contingencies which may or may not happen is not a debt. In the present case, it is pointed out that the payment of the building grant by the Government is governed by the rules relating to Elementary Schools framed under the Madras Elementary Educational Act, 1920 and that under Rule 14 thereof, a sanctioned grant may for reasons to be recorded in writing be withheld by the District Educational Officer at any time before payment and shall not be deemed to be a debt enforceable by suit or by any other legal process.

(3.) HOWEVER , the contention on behalf of the judgment -debtors is that by virtue of the rules contained in the rules relating to elementary schools, the grant payable by the Government cannot be deemed to be 'money' belonging to the judgment -debtors until the same is actually paid. It is pointed out that till the amount is actually paid, the Government has power to withhold payment and that therefore it cannot be said that the money as long as it remains in the hands of the Government is the money of the judgment -debtors. Another contention on behalf of the judgment -debtors is that the money payable being building grant earmarked for the purpose of maintaining the building of the school, the same cannot be attached by a decree -holder.