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K. B. ASTHANA, M. N. SHUKLA, T. S. MISRA
Mata Badal Pandey – Appellant
Versus
The Board of Revenue – Respondent
K. B. ASTHANA, C. J.:- One Drig Vijai Bahadur Singh, a Zamindar took a loan on the foot of a promissory note executed by him in favour of Mata Badal Pandey and Krishna Murari The promissory note remained unpaid when the executant thereof applied for liquidation of his debts under the U. P. Encumbered Estates Act, hereinafter referred to as the 'Act' A Special Judge I Grade on 20-4-1937 passed a decree under Sec.14 of the said Act, which decree was eventually modified by the Chief Court at Lucknow on 14-2-1942 and a sum of Rs. 3,380 plus costs, Rs. 64 and Rs. 110/3/- as interest were found due, The decree was to carry future interest at the rate of 41% per annum upto the date of realisation. The said decree was transmitted to the Collector for execution under Section 19 of the said Act. During the pendency of the execution proceedings U. P. Zamindari Abolition and Land Reforms Act came into force. All the landed properties of the Zamindar respondent were acquired and he was awarded compensation and rehabilitation grant bonds.
Drig Vijai Bahadur Singh died and was succeeded by his son Ran Vijai Bahadur Singh, who was substituted for his father in the execution proceedings. Th
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