DEV NATH SURI Vs. RAM CHAND SURI

JUDGEMENT

(1.) The only point which arises for decision in this case relates to the interpretation of word 'debt' as defined in Section 2(6) of the Displaced Persons (Debts Adjustment) Act, LXX of 1951.

(2.) The facts out of which this revision arises are not in dispute. Ram Chand, decree-holder respondent before me, obtained a decree for Rs. 742/-with costs on account of arrears of rent against Dev Nath Suri, judgment-debtor appellant. This decree is dated 19th January, 1954, and the rent for which it has been passed admittedly fell due alter the partition of the country, i.e. 15th August, 1947. In execution of this decree the decree-holder got attached one half of the judgment-debtor's pay in excess of Rs. 100/-. The judgment-debtor filed objections under Sections 47 and 60 of the Code of Civil Procedure read with Section 31 of Act LXX of 1951, contending that the judgment-debtor is a displaced person as defined in the Displaced Persons (Debts Adjustment) Act and that his pay being Rs. 120/- p.m. nothing is liable to attachment in view of Section 60 of the Code of Civil Procedure as amended by Section 31 of Act LXX of 1951.

(3.) The decree-holder resisted these objections contending that the amendment of the Code of Civil Procedure by Act LXX of 1951 did not apply to the present case inasmuch as the decree sought to be executed is not for a debt as defined in Section 2(6) of Act LXX of 1931.