JUDGMENT -This second appeal raises an interesting question regarding the construction of section 15 (2) of the C.P. and Berar Relief of Indebtedness Act, 1939, to which I shall refer hereafter by its popular name, Debt Relief Act.

2. The question of interpretation of section 15 (2) has arisen under the fo1lowing circumstances. The plaintiffs Nos. 1 to 4 are the sons of the original defendant No. 2 one Mhatarji who was allowed to be transposed as the plaintiff No.5 at the appellate stage. This Mhatarji and his two brothers applied under section 6 of the Debt Relief Act for scaling down their debts. The Presiding Ofticer, Debt Relief Court, Buldana, framed a scheme in accordance with section 11 (1) of the Debt Relief Act with respect to the debts of Mhatarji and his brothers, on 28th August 1941. By this scheme, the debts of the creditor Shridhar Govind were ordered to be paid in 26 annual instalments and consequently the scheme was to remain in force for 26 years. At the foot of the scheme, certain fields including two of the suit fields, survey Nos. 213/3 -B and 213/ -A, were mentioned among the property belonging to the judgment -debtor. How -ever, fields survey Nos. 213/

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