J.R.MUDHOLKAR, B.N.GOKHALE, M.C.CHAGLA
Mahadeo Raoji – Appellant
Versus
Anant Ganesh Bhagwat – Respondent
1. The question that falls to be considered by this Full Bench is a very short one and refers to the construction of Section 13 (3) of the Central Provinces and Berar Relief of Indebtedness Act (24 of 1939). Under Section 13 (1) of that Act, if an instalment which has been fixed by the Debt Relief Court is not paid on the duo date, the creditor is given the power to apply within eighteen months from the date of the default to the Deputy Commissioner or such other officer as may be appointed in that behalf by the Provincial Government for the recovery of that instalment as an anear of land revenue, and the Deputy Commissioner or such other revenue officer has been given the power to recover such instalment as an arrear of land revenue. Under Sub-section (2), if the instalment or part thereof is irrecoverable, the Deputy Commissioner or other revenue officer has to certify the irrecoverability, and under Sub-section (3) if an instalment or part thereof is certified as irrecoverable under Sub-section (2) or if two consecutive instalments remain in arrears, the Deputy Commissioner, on the application of the creditor, shall pass an order that the order of the Debt Relief Court f
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