SHANTARAM GANPAT Vs. LALJI VITHAL

JUDGEMENT

(1.) THIS revisional application rafses an interest-ing question under Section 47 (1-A) of the Bombay Agricultural Debtors Relief Act, 1947. The question arises in this way.

(2.) THE opponent to this application obtained against one Ganpat an award in the Court of the Civil Judge. Junior Division, Dapoli. The award provides that the debtor was to pay a sum of Rs. 10,904-3-0 by instalments. The first instalment was of a sum of Rs. 2000/- to be paid on 25th November 1950. The second instalment was of a sum of Rs. 1000 to be paid on 31st May 1951 and the balance with interest was to be paid in two annual instalments, the first of which was to be paid on 31st May 1952 and the other on 31st May 3953. Ganpat paid from time to time sums aggregating to Rs. 5250/- towards the amount declared by the award, and as Ganpat failed to pay the instalments in time, the opponent filed a darkhast (No. 11 of 1955) to recover the amount due by sale of the property of the debtor. It is not clear from the record as to when Ganpat died. But it appears that his heirs and legal representatives, who are the present applicants, filed an application under Section 47 (1a) praying for a Modification of the terms of the award in relation to the instalments directed to be paid under the award. That application which was Miscellaneous Application No 4 of 1955 was heard by the Civil Judge, Junior Division. Dapoli, who dismissed it on 9-2-1956, holding that the application by the heirs was not maintainable under Section 47 (1a) of the Act. It is the correctness of this order which is challenged by Mr. Abhyankar appearing on behalf of the heirs of the original debtor.

(3.) NOW, Section 47, by Sub-section (1a), provides: