Judgment

RAY, J - This appeal is by certificate from the judgment of the Allahabad High Court dated 30 April, 1963. Leave was granted by the Allahabad High Court on 21 February, 1966.

2. The facts are these., On 4 October, 1939 the appellant obtained a decree under the U. P. Encumbered Estates Act, 1934 against Sardar Mujibul Rahman Khan for the sum of Rs.1,31,040-1-0 with costs and future interest at 3 1/2% p. a. on the basis of a secured debt. Sardar Mujibul Rahman Khan the judgment debtor died on 24 April 1949. Thereafter the judgment debtor s sons who were brought on record on 21 April, 1953 applied for reduction of the decretal amount under Section 4 of the U. P. Zamindars Debt Reduction Act, 1952 (Act XV of 1953). The application was rejected by the Special Judge, Kheri on 18 February, 1957. The Special Judge held that unless and until the, decree charged the mortgaged property no reduction of debt could be ordered under the U. P. Zamindars Debt Reduction Act, 1952 and that the decree was not one such. The judgment debtor filed an appeal against the said order of the Special Judge. The appeal was heard on 27 November, 1962 by the Full Bench of the Allahabad High Court upholding the order of the Special Judge and dismissing the appeal which was treated as revision. Shortly after the dismissal of the revision petition the U. P. Zamindars Debt Reduction Act, 1952 was amended by U. P. Zamindars Debt Reduction (Amendment)Act, XX of 1962. The Amendment Act of 1962 received the assent of the President on 27 November, 1962 which happened to be the date of the order of the High Court on the revision application. The amendment was published in the Gazette on 4 December, 1962 and came into force on that date. The judgment debtor thereafter on 20 February l963 filed an application for review against the order of the Full Bench dated 27 November, 1962.

3. The High Court in accordance with the order of the majority accepted the review application of the judgment debtor and set aside the order of the Special Judge rejecting the Judgment debtor s application under Section 4 of the Zamindars Debt Reduction Act, 1952 and remanded the case to the Special Judge for disposal of the same in accordance with the provisions of the U. P. Zamindars Debt Reduction Act, 1952 as amended by Act 20 of 1962.

4. Two questions arise in the present appeal First, whether Section 4 of the U. P. Zamindars Debt Reduction Act, 1952 could be invoked by the judgment-debtor, secondly, whether the High Court could accede to the application of the judgement debtor.

5. Section 4 of the U.P. Zamindars Debt Reduction Act, 1952 (hereinafter referred to as the 1952 Act) in so far as it is necessary for the purpose of the present appeal is as follows:

"Powers to reduce debts after passing of decree: (1) Notwithstanding anything in the Code of Civil Procedure, 1908 or any other law, the Court, which passed a decree to which this Act applies relating to a secured debt, shall on the application either of the decree-holder or judgment-debtor, proceed as hereinafter stated.

(2) Where the mortgaged property (charged under the decree) consists exclusively of estate and such estate has been acquired under the provisions of the U. P. Zamindari Abolition and Land Reforms Act, 1950, the Court shall -

x x x x x x

(3) Where the mortgaged property (charged under the decree) consists partly of estate and partly of property other than estate, the Court shall-

x x x x x x"

The words charged under the decree we shown in brackets only to indicate that these words were deleted by Amendment Act 20 of 1962. It is because of the amendment that the judgment debtor made an application to the High Court for review of the order dated 27 November, 1962 rejecting the judgment debtor s application under Section 4 of the 1952 Act. As to what the Court shall do under sub- sections (2) and (3) of Section 4 of the 1952 Act is calculation of the amount and reduction of the same in accordance with the provis