PARASRAM SATRAM DAS Vs. BHAGWANI BAI

JUDGEMENT

(1.) THIS purports to be a revision application against an order of the Civil Judge, Ajmer, acting as a Tribunal under sec. 4 of the Displaced Persons (Debts Adjustment) Act, 1951 (hereinafter referred to as the Act ).

(2.) ON an application by the respondents the Tribunal passed an order for the recovery of Rs. 3,978 plus half the costs against them in favour of the applicant. But he gave a direction under sec. 52 of the Act that the contents of the decree shall be communicated to the Settlement Commissioner, New Delhi for adjusting the amount of the decree against the compensation due to the respondents. The contention on behalf of the applicant is that the Tribunal was not entitled to do so without determining the paying capacity of the respondents as provided under sec. 32 (1) of the Act.