BALIRAMBHAU DAJIBABHAU Vs. CHATURBHUJ BISANLAL

JUDGEMENT

(1.) THIS second appeal gives rise to a short but interesting question as to whether a preliminary decree for dissolution of partnership and for partnership accounts amounts to a 'debt' within the meaning of Section 43 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (No. I of 1951).

(2.) THE facts are not in dispute. The appellant was the plaintiff in Civil Suit No. 124 -A of 1948. The suit was a suit for dissolution of partnership between the plaintiff and the two defendants. The plaintiff also claimed the usual decree for rendition of accounts. As a result of the preliminary decree, however, it was the appellant -plaintiff who was found liable to render account.

(3.) SECTION 43 of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, runs as follows : - Any land which immediately before the date of vesting, was held in absolute occupancy or occupancy right or recorded as Sir land, shall not be liable to attachment or sale in execution of a decree or order for the recovery of any debt incurred before the date of vesting except where such debt was validly secured by mortgage of or a charge on the absolute occupancy or occupancy land or the cultivating right in the sir land.