SHADI LAL Vs. DEBI BAKHSH SINGH

JUDGEMENT

(1.) By Section 162 of the Oudh Land Revenue Act, XVII of 1876, certain persons are declared to be disqualified from managing their estates. Among the enumeration of those persons are the following: Under Sub-section (g), "Persons declared by the Chief Commissioner on their own application to be disqualified from managing their estates.". The Taluqdar of Mallanpur was one of those persons. On his application his estates were assumed by the Court of Wards and they remained under the management of that Court from the year 1886 until the year 1898.

(2.) During that period the Raja borrowed certain sums of money, and on the 12th of August, 1904, his creditors sued and obtained a personal decree against him in the Court of first instance. There were certain judicial proceedings which occurred subsequent to the decree; and it may be of interest to note that, the debt incurred having been originally a sum of Rs. 4,000, execution is now sought to be obtained against the property put under the management of the Court of Wards for a sum which, at a date somewhat anterior to the present deliverance, amounted to Rs. 21,526, the interest having been running for a certain course of years at the rate of 18 per cent, per annum.

(3.) The question in this case, and the sole question, is whether a decree obtained for such sums can be put in execution against the property, which was, at the date of the contraction of the debt, under the management of the Court of Wards.