KANWAR BUDH SINGH Vs. SAHEBZADA MOHD YASEEN

JUDGEMENT

(1.) THIS is a reference by the learned District Judge. Jaipur City.

(2.) DEWAN Bahadur Kesri Singh obtained a money decree for Rs. 4254/- against one Hamir Khan on 22-9-1941. The last application for execution was filed against mohammad Yaseen Khan, son of the original judgment-debtor, on 1-2-1952. The decree-holder prayed for attachment of the house of the judgment-debtor in execution of the decree. An objection was raised on behalf of Mo-hammad Yaseen khan that he belonged to the royal family of Tonk, and that his house was exempt from attachment under notification dated 25-11-34 published in the Gazette of 112-34 of the former Tonk State. The executing court allowed the objection. The decree-holder filed an appeal against the judgment of the Civil Judge, Tonk, dated 26-11-1952. The decree-holder died in the mean while and his legal representatives were brought on record. It was urged on behalf of the decree-holder that the notification referred to by the judg ment-debtor was no longer in force, as it offended Articles 13 and 14 of the Constitution. The learned District judge was of opinion that the conten- tion raised by the decree-holder was correct, and he has made this reference under Section 113 of the Code of Civil procedure.

(3.) THE reference is correct. Article 14 of the Constitution provides that-"the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. " The notification of the firmer Ruler of Tonk crea tes discrimination, which is not based on a reason able classification. The notification dated 25-11- 1934. which is published in the Tonk State Gazette of 1-12-1934. is declared invalid. The file will go back to the District Judge for further proceedings according to law.