VISHVA NATH RAI Vs. SARBDEO RAI AND OTHERS

JUDGEMENT

(1.) The following question has been referred to this Court for decision under Sec. 113 of the Code of Civil Procedure by the Special Judge, Second Grade, Ballia.

(2.) The question arose at the hearing of an application under Sec. 19A of the U.P. Encumbered Estates Act made to the Special Judge for reducing the amount of debt, for which a decree had been passed under Sec. 14 of the Encumbered Estate. Act in accordance with the provisions of the U. P. Zamindar's Debt Reduction Act (XV of 1953). Sec. 19A of the U. P. Encumbered Estates Act is :

(3.) The Sec. is clear and directs the Special Judge to take certain action upon. reduction of the amount of the debt in accordance with the provisions of the U. P. Zamindar's Debt Reduction Act, 1952 in connection with decrees passed by him in respect of secured debt to which the said Act applies in case the decree was passed before the commencement of the U. P. Encumbered Estates (Amendment) Act, 1954 and is at the time not fully satisfied in respect of the secured debt. This action the Special Judge has to take upon the reduction of the amount of the debt in accordance with the provisions of this Debt Reduction Act. It follows therefore that the amount of the secured debt had to be reduced. Sec. 18 of the U. P. Encumbered Estates Act is: