KANHAIYALAL JAGANNATH Vs. VILAYATKHAN JAMDARKHAN

JUDGEMENT

(1.) ONLY question raised in this revision petition is whether the Madhya Bharat money Lenders Act repeals Jhabua State Agriculturists Relief Act?

(2.) THE trial Court held that the Madhya Bharat Act aforesaid does not repeal the jhabua Act. The learned trial Judge took into consideration two circumstances. Firstly, it is said, that in the repealing clause in the Madhya Bharat Act there is direct reference to Money Lenders Act Gwalior State, Samvat 2003, Indore Money lenders Act, No. V of 1938 and Sahukari Sambandhi Vidhan Dewas Junior, 1943, but no direct reference to the aforesaid Jhabua Act and secondly it is said that the preamble of the Madhya Bharat Act indicates that the Act was designed to control and regulate the transactions of money lending in Madhya Bharat whereas the preamble to the Jhabua Act indicates that it was designed to prevent money lenders from taking undue advantage of the illiterate and ignorant condition of the agricultural, class and that as there is this material difference in the underlying objects of the two Acts the Madhya Bharat Act does not repeal Jhabua Act which is continued by the Continuance of Laws Act Madhya Bharat, 1948.

(3.) THE question under consideration arose under the following circumstances.