ZAHIR-UDDIN AHMAD KHAN Vs. APPELLATE OFFICER

JUDGEMENT

(1.) THE only question for consideration in this case is whether in the matter of statutory rate of interest a non-evacuee is entitled to the benefit of Section 9 (1) of the Evacuee Interest (Separation) Act (No. LXIV), 1951, when he is a co-mortgagor of composite property under that act?

(2.) IT is not necessary for the consideration of this question to go into any appreciable detail of the facts of the case and it will be sufficient to say, for the purposes of this order, that the two petitioners, non-evacuees, and one Alla-ud-Din, an evacuee, are the mortgagors, and Jamna devi, respondent No. 2, is the mortgagee of the property.

(3.) IN the beginning the purpose for which Act No. LXIV of 1951 was enacted is stated in that act in these words-