BHIM SEN Vs. SAVITRI DEVI

JUDGEMENT

(1.) THIS is a revision under Section 115 C. P. C. by Bhim Sen against the order of the Tribunal under the Displaced Persons (Debts Adjustment) Act (to be referred hereinafter as the Act) allowing an application under Section 13 of the Act of Ram Lal, who was represented after his death by his widow Smt. Savitri Devi alias Sushila Rani, opposite party, for the recovery of the arrears of rent with interest due from the present applicant.

(2.) THE case of Ram Lal, and also of Smt. Savitri Devi, was that they were displaced persons within the meaning of the Act and they had the right to take recourse under Section 18 of the Act for the recovery of the arrears of rent of a house which had been leased to Bhim Sen. Bhim Sen admitted that he was not a displaced person, nor was he a displaced debtor, within the meaning of the Act. But he challenged the right of Ram Lal and also Smt. Savitri Devi in moving the application. THEse objections did not appeal to the Tribunal and their claim was decreed for that part of the arrears which was not barred by limitation.

(3.) THE third point raised is that claim for the arrears of rent and interest does not amount to debt as defined in the Act. "Debt" has been defined in Section 2 (6) of the Act. THE definition consists of three parts. THE first two, namely, Clauses (a) and (b) apply to a debt due from a displaced person, i, e. to a displaced debtor; while Clause (c) to a displaced creditor. THE present is a case of displaced creditor and hence Clause (c) shall be applicable. THErefore, "debt" means: "Any pecuniary liability, whether payable presently or in future, under a decree or order of a civil or revenue Court or otherwise, or whether ascertained or to be ascertained, which. (c) is due to a displaced person from any other person (whether a displaced person or not) ordinarily residing in the territories to which this Act extends." "Displaced person" has been defined in Section 2 (10) of the Act and, consequently, the words "ordinarily residing in the territories to which this Act extends" shall govern the debtor and not the displaced creditor. An application by a displaced creditor for the recovery of debt shall thus be maintainable only if the debtor ordinarily resides in the territories to which the Act extends. Consequently, if the debtor is living outside India, no application under Section 13 shall be maintainable.