JITENDRA SEN Vs. MOHANLAL

JUDGEMENT

(1.) THIS is a second appeal by one Jitendra Sen son of Raja Hari Sen, ex-Istimrardar of Pisangan in the erstwhile State of Ajmer against a decree of the District Judge Ajmer confirming a decree of the Civil Judge Ajmer in a suit for recovery of money.

(2.) THE relevant facts for the purpose of this appeal briefly are that Raja Hari Sen father of the present appellant took a loan from the respondents in 1949. An accounting took place on 22nd May, 1952 and a fresh agreement was executed by Hari Sen on that date for a sum of Rs. 3,501/- in their favour. Hari Sen died shortly afterwards on 20th October 1952. His son Jitendra Sen became Istimrardar on his death. THE present suit was instituted against him for the recovery of the money due under the agreement dated 22nd May, 1952. THE suit was resisted by the appellant on the ground that no decree could be passed against him in respect of the liability incurred by Hari Sen in view of the provisions of sec. 29 of the Ajmer Land and Revenue Regulation, 1877 which runs as follows - "decrees for money not to be executed after death of Istimrardar or passed against representative - Notwithstanding anything contained in sec. 234 or sec. 252 of the Code of Civil Procedure or in any other enactment in force at the time this Regulation is passed, no decree for money against an Istimrardar shall be executed after his death, and no decree for money shall be passed against any person as the representative of a deceased Istimrardar. Provided that nothing herein contained shall prevent the enforcement of a lien or other charge against any property not being part of an Istimrari estate. "