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 upholdi