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1960 Supreme(SC) 127

K.C.DAS GUPTA, K.N.WANCHOO, P.B.GAJENDRAGADKAR
Raj Kaushalya Devi – Appellant
Versus
Bawa Pritam Singh – Respondent


Advocates:
Bakshi Man Singh, SARDAR BAHADUR SAHARYA, Y.Kumar

Judgment

WANCHOO, J. : This is an appeal by special leave against the judgment of the Punjab High Court The brief facts necessary for present purposes are these. The appellant has executed two usufructuary mortgages with respect to two properties situate in Ferozepore city in favour of the respondents in 1946. She also took both properties on lease on the same date. An application was filed by the respondents under S. 13 of the Displaced Persons (Debts Adjustment) Act, No. LXX of 1951. (hereinafter called the Act) for recovery of the principal sum due as well as the rent which was said to be in arrears. The application was resisted by the appellant on various grounds, one of which was that no such application lay as the liability was not a debt under the Act. The tribunal negatived the contention of the appellant and passed a preliminary decree for sale. Six months time was allowed to the appellant to pay the decretal amount, failing which the respondents were at liberty to get to final decree prepared and bring the properties to sale. The appellant went in appeal to the High Court but the appeal was dismissed. Then there was a Letters Patent Appeal, which was also dismissed. The a






















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