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1971 (4) TMI 97 - SC - Indian Laws

Issues:
1. Interpretation of Section 4 of the U. P. Zamindars' Debt Reduction Act, 1952.
2. Review application based on subsequent amendment of the Act.

Interpretation of Section 4 of the U. P. Zamindars' Debt Reduction Act, 1952:
The case involved a dispute regarding the application of Section 4 of the U. P. Zamindars' Debt Reduction Act, 1952, specifically focusing on the deletion of the words "charged under the decree" by Amendment Act 20 of 1962. The amendment aimed to provide relief to mortgaged property within the Act's scope, enabling debtors and creditors to seek reduction of debts. The court analyzed the impact of the amendment, emphasizing that the mortgaged property must consist of an estate acquired under the U. P. Zamindari Abolition and Land Reforms Act, 1950, for the Act's provisions to apply. The judgment highlighted the significance of the statutory fiction introduced by the amendment to ensure full effect of Section 4, emphasizing the deletion of the words "charged under the decree" as crucial for providing relief to landlords with acquired estates.

Review application based on subsequent amendment of the Act:
The judgment addressed the review application filed post the Amendment Act 20 of 1962, which was deemed effective from the Act's enforcement date. The court discussed the principles of review under Order 47 of the Code of Civil Procedure, emphasizing that a subsequent change in law could be a valid ground for review. It highlighted that the deeming provision of the Amendment Act necessitated the application of the amended law to cases falling within its purview, even if the initial judgment was based on the law as it stood at that time. The court rejected the appellant's contention that a subsequent change in law could not warrant a review, emphasizing that the statutory fiction introduced by the amendment required adherence to the amended provisions from the Act's enforcement date.

In conclusion, the court dismissed the appeal, emphasizing the applicability of the amended law to the case and affirming the High Court's decision to grant relief to the judgment debtors based on the amended provisions of the U. P. Zamindars' Debt Reduction Act, 1952. Each party was directed to bear their own costs, and the appeal was ultimately dismissed in light of the interpretation and application of the relevant legal provisions.

 

 

 

 

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