TEK CHAND Vs. RAM CHAND

JUDGEMENT

(1.) THIS is a revision against the order of the Subordinate Judge of Sambalpur, exercising the powers of a Tribunal under the Displaced Persons (Debts Adjustment) Act, 1951, decreeing the opposite Party's claim against the Petitioner for Rs. 2350/ - with future interest at 6 per cent per annum till the date of realisation.

(2.) IT is admitted that the Petitioner is a "displaced debtor" and the opposite party is a "displaced creditor" within the meaning of the aforesaid Act. The opposite party's claim was based on a deposit of Rs. 2000/ - said to have been made by him with the Petitioner sometime in Ashadh Badi 29 Samvat 2004 (June -July, 1948) when the parties were at Karachi which is now in Pakistan. Both of them left Pakistan and settled in India and on the 17th of July. 1950, there was a settlement of the debt outstanding and the Petitioner by a document of that date agreed that the total amount due from him to the opposite party together with interest amounted to Rs. 2550/ -. The claim was based on this acknowledgment of liability.

(3.) THE claim is admitted, but Mr. Roy on behalf of the Petitioner raises two interesting questions of law: