RAJA SHATRUNJI Vs. MOHAMMAD AZMAT AZIM KHAN

JUDGEMENT

(1.) This appeal is by certificate from the judgment of the Allahabad High Court dated 30 April, 1963. Leave was granted by the Allahabad High Court on 21 February, 1966.

(2.) The facts are these., On 4 October, 1939 the appellant obtained a decree under the U. P. Encumbered Estates Act, 1934 against Sardar Mujibul Rahman Khan for the sum of Rs.1,31,040-1-0 with costs and future interest at 3 1/2% p. a. on the basis of a secured debt. Sardar Mujibul Rahman Khan the judgment debtor died on 24 April 1949. Thereafter the judgment debtor's sons who were brought on record on 21 April, 1953 applied for reduction of the decretal amount under Section 4 of the U. P. Zamindars' Debt Reduction Act, 1952 (Act XV of 1953) . The application was rejected by the Special Judge, Kheri on 18 February, 1957. The Special Judge held that unless and until the, decree charged the mortgaged property no reduction of debt could be ordered under the U. P. Zamindars' Debt Reduction Act, 1952 and that the decree was not one such. The judgment debtor filed an appeal against the said order of the Special Judge. The appeal was heard on 27 November, 1962 by the Full Bench of the Allahabad High Court upholding the order of the Special Judge and dismissing the appeal which was treated as revision. Shortly after the dismissal of the revision petition the U. P. Zamindars' Debt Reduction Act, 1952 was amended by U. P. Zamindars' Debt Reduction (Amendment) Act, XX of 1962. The Amendment Act of 1962 received the assent of the President on 27 November, 1962 which happened to be the date of the order of the High Court on the revision application. The amendment was published in the Gazette on 4 December, 1962 and came into force on that date. The judgment debtor thereafter on 20 February l963 filed an application for review against the order of the Full Bench dated 27 November, 1962.

(3.) The High Court in accordance with the order of the majority accepted the review application of the judgment debtor and set aside the order of the Special Judge rejecting the Judgment debtor's application under Section 4 of the Zamindars' Debt Reduction Act, 1952 and remanded the case to the Special Judge for disposal of the same in accordance with the provisions of the U. P. Zamindars' Debt Reduction Act, 1952 as amended by Act 20 of 1962.