MANOHAR PERSHAD, SRINIVASA CHARI
Ramkishen – Appellant
Versus
Mir Sajjad Ali Khan – Respondent
( 1 ) THIS is an appeal preferred by one Ramkishen against the Award of the Jagirdars Debt Settlement Board (hereinafter called the Board) dated 29th June, 1956, holding that the appellant herein has failed to adduce evidence and proof of his claim as against the jagirdar-judgment-debtor Sajjad al i and that the decree obtained by him on the basis of an award which he seeks to enforce before the Board is a sham and collusive one. In the result it rejected the claim of the appellant. As regards the paying capacity of the debtor it declared him an insolvent under section 52 of the Jagirdars Debt Settlement Act (hereinafter referred to as the Act ). These two findings of the Board are attacked in this appeal.
( 2 ) THESE proceedings related to the settlement of the debts of the jagirdar Sajjad ali Khan. The said Sajjad Ali Khan filed Form No. I as required by the Act for the settlement of his debts under section 11 of the Act mentioning the extent of his liabilities and the names of his creditors. Among these persons is Ramkishen, creditor No. 8. Notices were issued to the parties under sections 21-A and 21-B of the Act and the parties were called upon to file their
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