HARDAS SINGH Vs. RAM PARTAP

JUDGEMENT

(1.) THE facts that gave rise to this "appeal of the judgment -debtor against an order of the District Judge, Patiala are these: Ram' Partap Respondent brought a suit against Hardas Singh Appellant for realisation of Rs. 20,613/ -charged on immovable property situate in Nabha known as 'Palta House'. The suit was decreed by the District Judge, Patiala on 19th Magh 2008 (23 -1 -1950). The decree -sheet prepared in the case was in the following term:

(2.) THE execution proceedings were still pending and the house was being sold when the Displaced Persons (Legal Proceedings) Act was repealed and substituted by the Displaced Persons (Debts. Adjustment) Act 70 of 1951. This Act 70 of 1951 came into force in the State of Delhi on 10 -12 -1951 and in the State of Pepsu on 20 -12 -1951. Hardas Singh, the judgment -debtor, lost no time to take benefit of the provisions of the new Act and presented an application for adjustment of the debts Under Section 5 of the Act to the Tribunal at Delhi. He also applied to the Tribunal for an order for stay of the execution proceedings. That prayer of his was turned down and he was directed to approach the executing court for the purpose. He then presented the application in question to the District Judge, Patiala and prayed that the proceedings be stayed and as provided by Section 15 of the Act records thereof be transferred to the Tribunal at Delhi. The District Judge holding the view that "a charge incurred on the security of property situate in India was not immune from attachment and sale in execution proceedings", rejected the application. The judgment -debtor has now come in appeal against this order of the executing Court.

(3.) THE relevant portion of Section 15 of the Act is to the following effect: