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1961 Supreme(All) 238

M. C. DESAI, MITHAN LAL
NAND RAM CHHOTEY LAL – Appellant
Versus
KISHORI RAMAN SINGH – Respondent


Advocates Appeared:
N.P.ASTHANA, S.B.L.Gour

M. LAL, J.

( 1 ) THIS Civil Revision by Messrs, Nand Ram Chottey Lal, decree-holders, has been filed against the orders passed by the Special Judge, first class, Ali-garh, reducing the debts of the applicants from Rs. 6,46,000/- to Rs. 1,84,571/- under Section 4 of the U. P, Zamindars debt Reduction Act, 1952 (hereinafter called the Act ).

( 2 ) BRIEFLY stated the facts are that the applicants advanced a sum of Rs. 5,11,000/- on the basis of a mortgage dated 20th June, 1924, and another sum of Rs. 1,35,000/- on the basis of another mortgage dated 23rd May, 1929 to Raja Datt Prasad Singh. The properties mortgaged in the first deed consisted of Zamindari properties of 56 villages and the right to receive Malikana in the sum of Rs. 23,802/- per annum from the Government treasuries at Mathura and Aligarh. In the second mortgage 35 other villages besides the 56 villages of the first mortgage all in the districts of Mathura and Aligarh, constituted the mortgage property.


( 3 ) THE original mortgagor Raja Dutt Prasad Singh died some time in the year 1932 and the estate was taken under the superintendence of the Court of Wards. The Court of Wards had first filed a suit under Section 33 U.


























































































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