http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6
PETITIONER: RAJKUMARI KAUSHALYA DEVI
Vs.
RESPONDENT: BAWA PRITMA SINGH AND ANOTHER.
DATE OF JUDGMENT: 20/04/1960
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. GAJENDRAGADKAR, P.B. GUPTA, K.C. DAS
CITATION: 1960 AIR 1030 1960 SCR (3) 570 CITATOR INFO : R 1964 SC1379 (7)
ACT: Mortgage-Whether a "pecuniary liability "-The Displaced Persons (Debts Adjustment) Act (LXX of 1951), SS. 2 (6), sub-cls. (a) (b) (c), 13, 15, 16 (5), 17, 21.
HEADNOTE: The appellant executed two usufructuary mortgages in favour of the respondents in 1946 with respect to two properties situated in Ferozepur city and herself took the properties on lease on the same date. The respondents filed an application under s. 13 of the Displaced Persons (Debts Adjustment) Act, LXX of 1951, for recovery of the principal sum due and also the arrears of rent. The appellant contested the application on the ground, inter alia, that the liability was not a debt under the Act as it was not a pecuniary liability and that mortgages in relation to properties situated now in India were not covered by it. The Tribunal allowed the application and passed a preliminary decree for sale. The appellant’s appeal to the, High Court and another under the Letters Patent were both dismissed. On appeal by special leave: Held, that a mortgage debt would c...