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Issues:
1. Whether a proceeding for ascertainment of mesne profits can be stayed under Section 34, Bengal Agricultural Debtors Act. 2. Whether the liability of the defendants to pay mesne profits qualifies as a debt under the Act. 3. Whether the civil Court has the authority to determine if a liability is a debt under Section 20, Bengal Agricultural Debtors Act. Analysis: 1. The rule challenged an order refusing to stay a proceeding for mesne profits ascertainment under Section 34, Bengal Agricultural Debtors Act. The Munsif refused to stay the proceeding, citing that no absolute debt existed yet. The petitioner argued that the liability to pay mesne profits was a present liability, even if the amount was unascertained. The definition of debt under Section 2(8) of the Act was discussed, emphasizing that a debt must be a liquidated money obligation. The court analyzed the nature of the claim for mesne profits and concluded that a debt only arises after a final judgment specifies the sum owed, making the defendants debtors in law. 2. The court further delved into the concept of debt, citing precedents like Jones v. Thomson and Kunjo Behary v. Madhub Chandra. It was established that a claim for mesne profits is akin to an action for damages and only becomes a debt upon the final judgment. The court rejected the argument that the liability was contingent, as it was not dependent on a future event but on a judicial determination. The court upheld the Munsif's decision, stating that no liability had yet come into existence, and thus, the proceeding could not be stayed under Section 34. 3. The judgment addressed the question of whether the civil Court could decide if a liability constituted a debt under Section 20, Bengal Agricultural Debtors Act. The court referred to the case law and the Amending Act 8 of 1940, highlighting the change in the law regarding the board's authority to decide on liabilities. It was clarified that in the present case, the provisions of the Amended Act did not apply, and the civil Court was competent to determine if a liability qualified as a debt. The court discharged the rule, emphasizing that the civil Court's jurisdiction to decide on the nature of a liability was not affected by the Amended Act. Conclusion: The judgment affirmed the Munsif's decision to not stay the proceeding for mesne profits ascertainment, emphasizing that a debt only arises after a final judgment specifies the sum owed. The court clarified the criteria for a liability to qualify as a debt under the Bengal Agricultural Debtors Act and confirmed the civil Court's authority to determine the nature of a liability, unaffected by the Amended Act.
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