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PETITIONER: JOSHI GIRJADHARJI AND ANOTHER
Vs.
RESPONDENT: LACHMANJI PANTH AND OTHERS.
DATE OF JUDGMENT: 25/04/1952
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN SASTRI, M. PATANJALI (CJ) FAZAL ALI, SAIYID MUKHERJEA, B.K.
CITATION: 1952 AIR 218 1952 SCR 645
ACT: U.P. Debt Redemption Act (XIII of 1940), ss. 2 (9), 21- "Loan", "Suit to which Act applies"., meanings of--Decree on mortgage--Person who is not agriculturist when advance is made-Whether entitled to relief.
HEADNOTE: A mortgage was executed by several persons on the 28th July, 1931. The term of the mortgage, namely six years, expired in July 1937, the mortgagees instituted a suit in May 1938 and a decree was passed in March 1939. An applica- tion for relief under the U.P. Debt Redemption Act (XIII of 1940) was made on 11th April, 1942, and this application was resisted on the ground that S, one of the mortgagors, had been assessed to income-tax and was therefore not an agri- culturist, and the suit was not consequently "a suit to which the Act applied." The evidence showed that S was earning a monthly salary of Rs. 90 and that from February 1932 he had been assessed to income-tax till the year 1936. The High Court held, relying on the Full Bench ruling in Ketki Kunwar v. Ram Saroop (I.L.R. 1943 All. 35), that under sec. 21 of the Act the mortgage money could be recovered only f...