MAHARAJA OF JEYPORE Vs. PATURU NARAYAN NAIDU

JUDGEMENT

(1.) This is an appeal by the decree-holder from an order passed in an execution proceeding. The decree under execution was obtained by Maharaja Rama Chandra Deo on 16 March 1927 for rupees 17,041-10-8. He was the holder of an impartible estate called the Jeypore estate. On his death, Raja Sri Vikramdeo Varma Garu son of Krishna Chandra Deo Garu succeeded to the impartible estate and is now styled as the Maharaja of Jeypore. He took out execution of this decree in 1933. The decree was in respect of rent due under a contract for the lease of some Kusum trees for the production and propagation of lac.

(2.) There are two judgment-debtors and they took several objections to the execution, one of them being that the present decree-holder was not entitled to execute the decree without obtaining a succession certificate. The petition for execution was dismissed by the executing Court. On appeal to the High Court at Madras, the order was set aside and the case remanded to the trial Court for disposal according to law as against the second judgment-debtor only. The question whether a succession certificate was necessary was left open. When the case came back, the question as to whether a succession certificate was necessary was again raised. The learned Subordinate Judge held that succession certificate was necessary and by his order dated 13 December 1937, he directed the decree-holder to produce a succession certificate within two months from that date. Against this order the present appeal was preferred.

(3.) This appeal was originally heard by us at Cuttack on 11 February 1941 and we remanded the case to the lower Court for findings on two points : (1) whether what has been decreed is rent, and (2) whether that rent, if it be rent, is payable in respect of land. The Subordinate Judge has returned his findings (1) that what was decreed in favour of the decree-holder is rent in the sense of something being payable by the lessees to the lessor under or by virtue of a contract and (2) that the rent decreed is not payable in respect of land used for agricultural purposes. Section 214(1), Succession Act (Act 39 of 1925) inter alia, requires a succession certificate to be produced by "a person claiming on succession to be entitled to the effects" of a deceased decree-holder, if he wishes to execute against the judgment-debtor "a decree or order for the payment of his debt." Sub-section (2) of the Section provides: The word debt in Sub-section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes.