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1954 Supreme(Bom) 11

GAJENDRAGADKAR, VYAS
Ramchand Tillumal – Appellant
Versus
Khubchand Daswani – Respondent


Advocates:
J.L. Nain, with P.L. Nain and A. Gupta, for Appellant; R.G. Samtani (for No.2); P.R. Wadhwa, (for No.6) and T.D. Abichandani (for No.8), for Respondents.

Judgement

GAJENDRAGADKAR, J.:- This appeal raises a short question under the Displaced Persons (Debts Adjustment) Act, LXX of 1951. The appellant made an application before the tribunal appointed under this Act for the adjustment of his debts. His application has been rejected by the tribunal on the ground that it is not competent. It is common ground that both the applicant and the opponent are displaced persons within the meaning of the Act. It is also common ground that the applicant is a debtor of the opponent and that the debt was contracted subsequent to August 15, 1947. The applicant alleged that he was entitled to have this debt adjusted on the ground that it was a debt within the meaning of S.2(6) (c) of the Act, whereas the opponents contention was that before the applicant could apply for the adjustment of his debts, he must show that his debt falls within S.2(6) (a) of the Act. It is conceded that the debt does not fall within S.2(6) (b) of the Act. Therefore, the short question which falls to be considered in the present appeal is whether a displaced person is entitled to apply for the adjustment of his debts under S.5 of the Act only if his debt satisfies the requireme






































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