NDLI: Joshi Girjadharji and Another Vs. Lachmanji Panth and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	U. P. Debt Redemption Act (XIII of 1940)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	U.p. Debt Redemption Act, 1940 (13 of 1940)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	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 t-0 relief.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 application 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 agriculturist, and the suit was not consequently "a suit to which the Act applied." The evidenoe showed that S was earning a month! y 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 from the mortgaged property and not personally and that the proviso to sec. 2 (9) of the Act. had therefore no application and the question whether S was an agriculturist on the date of the mortgage was immaterial. As S was admittedly an agriculturist on the date of the suit, the High Court held that the judgment debtors were entitled to relief under the Act" On appeal
Judge	Honble Mr. Justice Sudhi Ranjan Das
Neutral Citation	1952 INSC 24
Petitioner	Joshi Girjadharji And Another
Respondent	Lachmanji Panth And Others
SCR	[1952] 1 S.C.R. 645
Judgement Date	1952-04-25
Case Number	64

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