RAJA SHATRANJAI Vs. AZMAT AZIM KHAN

JUDGEMENT

(1.) THIS is an appeal from a judgment of our brother Beg by which he quashed part of an order passed by the Board of Revenue. The father of the respondent was a zamindar of several villages including villages Rahimnagar Grant and Moondasawaran and had mortgaged the two villages with the appellant. On the enforcement of the U. P. Encumbered Estates Act the respondent applied for the benefit of the Act. The Special Judge passed a decree in the appellant's favour in respect of the mortgage sometime in 1941 and transmitted it to the Deputy Commissioner for execution. He also transmitted a list of the property belonging to the respondent which was liable to attachment or sale in execution of the decree. The liquidation proceedings became protracted on account of appeals from various orders and proceedings for reduction of the decretal amount under the Zamindars Debt Reduction Act. With effect from 1-7- 1952 the proprietary rights in the two villages of the respondent vested in the State and he became entitled to compensation under Section 66 of the Zaminduri Abolition and Land and Reforms Act.

(2.) SECTION 70 of the Zamindari Abolition and Land Reforms Act lays down that where before any Court or authority any proceeding is pend ing which directly or indirectly affects or is likely to affect the right of any person to receive the whole or part of the compensation it may require the Compensation Officer to place at its disposal the amount so payable and there upon the same shall be disposed of in accord ance with its orders. The respondent's right to compensation for the two villages was not directly or indirectly affected or likely to be affected by the proceeding pending before the Deputy Commissioner for execution of the decree passed by the Special Judge in the appellant's favour and he did not (sic) the Compensation Officer to place (sic) disposal the amount of the compensation. On the passing of the Zamindari Abolition and Land Reforms Act SECTIONs 19(2) and 23-A were added in the U. P. Encumbered Estates Act. SECTION 19 (2) re quires the Special Judge to inform the Collector of the amount of the secured debt which is not legally recoverable otherwise than out of the compensation and rehabilitation grant payable to the landlord in respect of the mortgaged estate and of the nature and extent of the pro perty mentioned in the notice under SECTION 11 which he has found to be liable to attachment or sale in satisfaction of the debts of the appli cant.

(3.) THE respondent feeling aggrieved by this order of the Board of Revenue applied for certiorari which has been granted by our brother Beg. His order is challenged by the appellant in this appeal.