KISHANLAL Vs. JAGDISH SAHAI

JUDGEMENT

(1.) THIS is an appeal under sec. 40 of the Displaced Persons (Debts Adjustment) Act, 1951 (Act No. LXX of 1951 ).

(2.) KISHANLAL filed an application to the Civil Judge, Nim-ka-Thana, exercising jurisdiction as tribunal under the aforesaid Act on 8th Dec, 1952, under sec. 5 of the Act. He said that he was a displaced person from Nowshera cantonment, North West Frontier Province, where he had property and business worth about Rs. 50,000/- but it was all lost as a result of events followed by partition of India. He came to India as a totally ruined man, and his average annual income for three years preceding the application was about Rs. 500/ -. He prayed that his debts may be adjusted in accordance with the provisions of the Act. He produced four schedules along with his application, schedule A mentioning the debts or claims against him, schedule B of property owned and possessed by the applicant but which was exempt from attachment, schedule C of property other than mentioned in schedule B showing nil, and schedule D giving a list of the property in respect of which he had made a claim under the Displaced Persons (Claims) Act, 1950 (XLIV of 1950 ).