AZIZ AHMAD KHAN Vs. ATTHAR HUSAIN

JUDGEMENT

(1.) THIS is an execu tion second appeal arising out of an application made under Section 47 of the Code of Civil Procedure by the Judgment debtors which was allowed by the lower appellate court and aggriev ed by the same the decree-holders have preferred this appeaL

(2.) THE facts giving rise to this second appeal lie within a short com pass. The appellants obtained a decree against the respondents In regard to dower debt that was due to their predecessor-in-interest against the respon dents. The decree was passed for a total sum of Rs. 1250/- with costs of the suit. This decree was put into exe cution and the Zamindari bonds of the respondents were attached. They there fore filed an objection under Section 47, Civil P. C. for deduction of the amount under Section 9 of the U. P. Zamindars' Debt Reduction Act, 1952, (U. P. Act No XV of 1953), according to the for mula given in Schdule II of that Act. This application was opposed by the decree-holders. The question, therefore, which arose for determination was whe ther the decretal amount in question was a 'debt' within the meaning of Sec tion 2 (f) of the Zamindars' Debt Reduc tion Act. The learned Munsif held that the dower debt was not covered by the definition whereas the appellate court came to a contrary conclusion. The same controversy has been canvassed before me.

(3.) THE limited Question which falls for decision in this appeal Is as to whether a dower debt amounts to a debt' within the meaning of the above definition. We are not concerned with the larger question as to whether it fulfils the general ingredients of debt as understood in popular parlance or even debt as defined in wider terms in other statute. There is no direct authority on the point in controversy and the matter has, therefore, to be decided on first principles and on an Interpretation of the language of the Act. It is obvi ous that 'debt' Is a term of art as usedl in the statute under consideration and its essential ingredient Is 'advance'. It may either be technically an advance' or an advance in substance but in any case the essence of the definition is that it must possess the element of 'advance'. Therefore, this is the key word in the definition which must govern the con notation of the term under the Act-The word loan' has been defined in very much similar language in the U. P. Agriculturists' Relief Act which is as follows :-