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1959 Supreme(Raj) 49

BAPNA, JAGAT NARAYAN
Mukan Chand – Appellant
Versus
Rao Raja Inder Singh – Respondent


Advocates Appeared:
M/s. Hasti Mal and Sumer Chand, for Mukanchand Decree-Holder; Ram Rakh Chacha, for Rao Raja Inder Singh, Judgment-debtor; G.C. Kasliwal, Advocate General & Kan Singh, Dy. Govt. Advocate, for State

Jagat Narayan, J.—This execution case has been withdrawn from the court of the District Judge under Art. 228 of the Constitution under order dated May 7, 1958 of this Court in Civil Miscellaneous Writ Petition No. 169/57. Notice was issued to the State also as the constitutionality of the Rajasthan Jagirdars Debt Reduction Act, 1956 has been challenged in this case.

2. The facts are briefly these. Mukanchand obtained a decree against Rao Raja Inder Singh for Rs. 1,14.581/14/(6 on 18th February 1954 on the facts of 3 mortgage-deeds dated 26.2.48 for Rs 25,000/-, dated 16.5.48 for Rs. 40,000/- and dated 25.10.48 for Rs 15.000/- respectively. The loans were taken on the security of two jagirs villages and certain other non-jagir immovable property. The latter property was sold in execution for Rs. 33,750/- and the sale proceeds were paid to the decree-holder in partial satisfaction of the decree.

3. On 14th December 1956 the decree-holder applied for attachment of the amount payable to the judgment-debtor by way of compensation and rehabilitation grant in connection with the resumption of his jagir under the Rajasthan Jagir Resumption Act, 1952. The judgment-debtor filed two application







































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