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1978 Supreme(MP) 178

B.R.DUBE, G.G.SOHANI, G.L.OZA
DARYAOBAI – Appellant
Versus
SURAJMAL – Respondent


OZA, J.

( 1 ) THIS revision petition has been placed before us to answer the question :

"whether the liability to pay arrears of rent by a 'debtor' as defined in the Adhi-niyam under a decree of Civil Court or otherwise, is included within the definition of 'debt' as given in the Adhiniyam and whether section 7 (1) (i) of the Adhiniyam would be attracted in suits or execution proceedings instituted to recover such arrears of rent ?"

( 2 ) THE facts giving rise to this question appear to be that non-applicant decree-holder had obtained a decree against the applicants for ejectment and arrears of rent on 30-11-1974. The applicants had filed an appeal against the judgment in the court of the First Additional District Judge, Indore. The Appellate Court granted a stay so far as the execution of the trial Court's decree for ejectment was concerned. So far as arrears of rent, no stay was granted. The non applicant therefore filed execution against the applicants to execute the money decree. In the executing court an application was made on behalf of the applicants that the liability of the applicants under the money decree based on arrears of rent fell within the ambit of the definition of












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