HIRALAL DEEPCHAND OSWAL Vs. BABU SHIV PRASAD

JUDGEMENT

(1.) THIS is a Letters Patent Appeal from the judgment of a learned single Judge, arising from execution proceedings. It involves the ques-tion of interpretation of section 33 of the M. P. Abolition of Proprietary Rights Act, 1950, (No. 1 of 1951, hereinafter called the A. O. P. R. Act ). A Division Bench had heard this appeal and referred the case to a Full Bench. This matter was then heard by us.

(2.) A mortgage decree was passed on September 16, 1938, in favour of the respondents (hereinafter called the decree-holders) against the appellants in civil suit No. 10-A of 1934 in the Court of the Additional District Judge. Sagar. The decree was for the recovery of Rs. 11984/ -. The mortgaged property consisted of the entire 16 annas share in village Meerkhedi and 9 annas share in village barkheda. Earlier on April 20, 1934, the respondents had also obtained a money decree for Rs. 3793/- in Civil Suit No. 16-B of 1934.

(3.) THE appellants (hereinafter called the judgment-debtors) applied under Section 6 (a) of the Relief of Indebtedness Act to the Debt Relief Court, Sagar, for scaling down their debts. The Debt Relief Court scaled down both the debts to Rs. 12,700/- and made them payable in 20 annual instalments of Rs. 635/-each, commencing on June 15, 1941. On the decree-holders' revision, the Additional district Judge, by his order dated February 26, 1941, modified the order of instalments and fixed them at Rs. 850/-per year and also allowed interest at 6 per cent on defaulted instalments.