MUKAN CHAND Vs. RAO RAJA INDER SINGH

JUDGEMENT

(1.) THIS execution case has been withdrawn from the court of the District Judge under Art. 228 of the Constitution under order dated May 7, 1958 of this Court in Civil Miscellaneous Writ Petition No. 169/57. Notice was issued to the State also as the constitutionality of the Rajasthan Jagirdars' Debt Reduction Act, 1956 has been challenged in this case.

(2.) THE facts are briefly these. Mukanchand obtained a decree against Rao Raja Inder Singh for Rs. 1,14. 581/14/ (6 on 18th February 1954 on the facts of 3 mortgage-deeds dated 26. 2. 48 for Rs 25,000/-, dated 16. 5. 48 for Rs. 40,000/- and dated 25. 10. 48 for Rs 15. 000/- respectively. THE loans were taken on the security of two jagirs villages and certain other non-jagir immovable property. THE latter property was sold in execution for Rs. 33,750/- and the sale proceeds were paid to the decree-holder in partial satisfaction of the decree.

(3.) SECS. 3, 4 and 6 provide for a distribution of the secured debt on the jagir-land mortgaged and on the other property mortgaged in accordance with the principles contained in sec. 82 of the Transfer of Property Act as if they had been properties belonging to two distinct persons and for the debt apportioned on jagir land by one-fifth. Sec. 7 provides that the reduced amount so arrived at shall only be recoverable from the compensation and rehabilitation grant payable in respect of the jagir land of the judgment debtor to the extent indicated in Schedule II namely where the total compensation does not exceed rupees 1 lac only half of it is attachable in execution of the decree, where it exceed, rupees 1 lac, but does not exceed rupees 2 lacs, 55 per cent is attachable, where it exceeds rupees 2 lacs but does not exceeds rupees 4 lacs, 65 per cent is attachable, and where it exceeds rupees 4 lacs, 75 per cent is attachable. Sub-sec. (2) of Sec. 7 further provides that the balance of the reduced decretal amount will not be recoverable even from the non-jagir property of the judgment-debtor. Sec. 8 provides that where a decree for an unsecured debt is executed by attachment of the compensation and rehabilitation grant of the judgment-debtor, for every rupee of the latter satisfaction shall be entered for 1. 2/3 rupees.