BALWANTRAO Vs. SHAMRAO

JUDGEMENT

(1.) THIS appeal is against a judgment of Mudholkar J. in Miscellaneous First Appeal No. 161 of 1949 decided on 29th December 1952.

(2.) THE appellants, who are executing a decree which, according to them, has come into existence as a result of a certificate by the Deputy Commissioner under section 13(3) of the Central Provinces and Berar Relief of Indebtedness Act, contend that the decision of the single Judge in holding that the certificate was invalid is incorrect. The facts of the case are as follows:

(3.) THE Debt Relief Court was moved to frame a scheme in connection with a debt which it scaled down to Rs. 12,581 and made it payable by 25 instalments of Rs. 500 each commencing from 15 -5 -1943. The contention of the present appellants is that the first two instalments which fell due on 15th May 1943 and 15th May 1944 were defaulted by the judgment -debtors under that scheme. They contend that as a result of this failure they were entitled to get a certificate under section 13(3) of the Relief of Indebtedness Act They moved the Deputy Commissioner for the grant of a certificate. We need not go into the history of the case before the Revenue Courts, suffice it to say that the Commissioner ordered that the certificate be issued and the Board of Revenue upheld his order. This certificate was granted by the Deputy Commissioner on 17th May 1949. It is this certificate and the national decree which under the Act comes into existence that the present appellants seek to execute.