1963 (3) TMI 71 - SC - Indian Laws

Summary

Issues Involved:
1. Definition of "debt" under the Displaced Persons (Debts Adjustment) Act, 1951.
2. Applicability of Section 16(4) of the Act to the case.
3. Locus standi of the respondents to file the application under Section 5 of the Act.
4. Method of scaling down the mortgage debt under Section 16(4).

Detailed Analysis:

1. Definition of "Debt" under the Displaced Persons (Debts Adjustment) Act, 1951:
The primary contention was whether Pratap Singh, the representative of the purchaser of the equity of redemption, was a "debtor" within the meaning of Section 2(6) of the Act. The argument was based on the absence of a contractual relationship between him and the appellants, the displaced creditors. It was argued that a mortgagor under a purely usufructuary mortgage without a personal covenant to repay the loan could not be considered a debtor. The court noted that the mortgage deed contained a covenant to repay after ten years, allowing the mortgagee to file a suit for recovery and obtain a personal decree. The court referenced previous decisions, including the Lahore High Court's ruling in Lachhman Singh v. Natha Singh and the Bombay High Court's decision in Manubhai Mahijibhai Patel v. Trikamlal Laxmidas, which were not applicable due to the specific provisions of the Act. The court concluded that the Act explicitly included usufructuary mortgages within the definition of "debt" for the purposes of scaling down under Section 16.

2. Applicability of Section 16(4) of the Act to the Case:
Section 16(4) of the Act was analyzed to determine its applicability to the mortgage debt in question. The court found that the debt was secured by a mortgage of agricultural lands belonging to a displaced person from West Pakistan and that the mortgage was with possession. The court stated that the provisions of Section 16(4) were applicable, allowing the mortgagee to continue in possession of the allotted lands in India until the debt was satisfied from the usufruct or redeemed by the debtor. The court emphasized that the terms of Section 16(4) were comprehensive enough to include all types of usufructuary mortgages, regardless of the presence of a personal covenant.

3. Locus Standi of the Respondents to File the Application under Section 5 of the Act:
The appellants argued that the respondents, being the debtor and the representative of the purchaser of the equity of redemption, were not entitled to file an application under Section 5 of the Act for adjustment of the mortgage debt. The court rejected this argument, stating that Section 5(1) allowed a debtor to apply for the adjustment of debts, and the mortgage debt in question was a "debt" within the meaning of Section 5. The court held that the respondents were entitled to seek adjustment under Section 16(4).

4. Method of Scaling Down the Mortgage Debt under Section 16(4):
The final issue concerned the method of scaling down the mortgage debt as per the proviso to Section 16(4). The appellants contended that the reduction in debt should be based on the market value of the lands left behind in Pakistan and the lands allotted in India. The court found that the standard acres left in Pakistan were computed based on the income yield and other factors, reflecting the value of the land. The court concluded that the method used by the Tribunal, which scaled down the debt by comparing the standard acres in Pakistan to those allotted in India, was consistent with the requirements of the proviso to Section 16(4). The court dismissed the appeal, affirming the scaling down of the debt.

Conclusion:
The Supreme Court upheld the decision of the lower courts, confirming that the mortgage debt was within the definition of "debt" under the Act, that Section 16(4) was applicable, that the respondents had the locus standi to file the application under Section 5, and that the method of scaling down the debt was correct. The appeal was dismissed with costs.