The amendment was published in the Gazette on 4 December, 1962 and came, into force on that date.
The respondents made an application for review of the judgment of the High Court dated 27 November, 1962.
Sardar Mujibul Rahman Khan the judgment debtor died on 24 April, 1949.
on the basis of a secured debt.
The application was rejected by the Special Judge, Kheri on 18 February, 1957.
Appeal from the judgment and order dated April 30, 1963 of the Allahabad High Court, Lucknow Bench in Review Application No.
The Amendment Act of 1962 received the assent of the President on 27 November 1962 which happened to be the date of the order of the High Court on the revision application.
The appeal was heard on 27 November, 1962 by the Full Bench of the Allahabad High Court upholding the order of the Special Judge and dismissing the appeal which was treated as revision.
The judgment debtor filed an appeal against the said order of the Special Judge.
The respondents also lost before the High Court under the order dated 27 November, 1962.
1,31,040 1 0 with companyts and future interest at 3 1/2 p.a.
The Judgment of the Court was delivered by Ray, J. This appeal is by certificate from the judgment of the Allahabad High Court dated 30 April, 1963.
The Special Judge held that the decree against the respondents was number one which companyld be said to be against the mortgaged property charged under the decree.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Leave was granted by the Allahabad High Court on 21 February, 1966.
Danial A. Latifi, and M. I. Khowaja, for respondent No.
2 of 1963.
On 4 October, 1939 the appellant obtained a decree under the U. P. Encumbered Estates Act, 1934 against Sardar Mujibul Rahman Khan for the sum of Rs.
1007 of 1967.
B. Agarwala and Akhtar Husain, for the appellant.
The facts are these.
Shortly after the dismissal of the revision petition the U. P. Zamindars Debt Reduction Act, 1952 was amended by U. P. Zamindars Debt Reduction Amendment Act, XX of 1962.
Thereafter the judgment debtors sons who were brought on record on 21 April, 1953 applied for reduction of the decretal amount under section 4 of the U. P. Zamindars Debt Reduction Act, 1952 Act XV of 1953 .
The Special Judge held that unless and until the decree charged the mortgaged property numberreduction of debt companyld be ordered under the U. P. Zamindars Debt Reduction Act, 1952 and that the decree was number one such.
The judgment debtor thereafter on 20 February, 1963 filed an application for review against the order of the Full Bench dated 27th November, 1962.
