(1.) A simple money decree was passed against Mihi Lal and Mathura Prasad. Both of them are "agriculturists" as defined in the U. P. Debt Redemption Act, 1940. In the execution of that decree Mihi Lal made an application for apportionment of the decree in accordance with the provisions of Section 11, U. P. Debt Redemption Act, 1940, Learned civil Judge allowed the application and apportioned the decree half and half between the two judgment-debtors. The decree-holder appeals against that order. Section 11 of the Act provides as follows :
(2.) The case came up before a learned single Judge. Sri Ram v. Firm Chandra, Sen Duli Chand, A. I. R. (39) 1943 oudh 413, was cited before him by learned counsel for the decree-holder-appellant in support of his contention. Learned single Judge doubted the correctness of that authority and so the case has come up before this Division Bench.
(3.) There are two parts of Section 11. The first part casts a duty upon the Courts to make an apportionment where a loan is due jointly from several persons, "any of whom" is an agriculturist or a workman. The second part provides that the provisions of the Act shall apply only to that part of the loan which is apportioned to the joint debtor who is an agriculturist or a workman. It follows from this that the provisions of the Act will not apply to the part of the loan which is apportioned to the debtor who is not an agriculturist or a workman. In the case of Sri Bam v. Firm Chandra Sen Duli Chand, (A. I. R. (30) 1943 Oudh 413) referred to above, it was held that the two parts of Section 11 are not distinct provisions, but there is a connection between them. The section is enacted to enable the benefits of the Act to be given to an agriculturist debtor even when he is a co-debtor with a non-agriculturist. To achieve this object apportionment of the loan between joint debtors is essential. It is not the purpose of the section to provide for apportionment between joint debtors, who are all agriculturists as they are entitled to the benefits of the Act without any apportionment. To obtain those benefits it is not necessary that there should be any apportionment.