AZMAT AZIM KHAN versus BOARD OF REVENUE, UTTAR PRADESH, ALLAHABAD & ORS.

AZMAT AZIM KHAN versus BOARD OF REVENUE, UTTAR PRADESH, ALLAHABAD & ORS.

By reason of Sections 23A and 23B of the U.P. Encumbered Estates Act, 1934 and Section 70 of the U.P. Abolition of Zamindari and Land Reforms Act, 1950, the Collector is to utilise compensation and rehabilitation bonds received for liquidation of secured debts; the Board of Revenue was correct in directing the stoppage of payment on the bonds and directing the Compensation Officer to hand over the bonds for liquidation of debts, and judgment-debtor was not entitled to the bonds without satisfying the decree.

Parties
Appellant: Azmat Azim Khan; Respondents: Board of Revenue, Uttar Pradesh, Allahabad & Ors.; Decree Holder (respondent No. 3): Raja Shatranjai
Jurisdiction
India
Judgment Date
21 April 1971
Procedural Posture
Civil Appeal / Appeal by Certificate From Allahabad High Court, Decision Dated 15 January 1965
Outcome
Appeal dismissed
Legal Topics
Compensation Bonds, Zamindari Abolition, Execution of Decrees, Statutory Interpretation
Property Law Debt Recovery Land Reforms Compensation Bonds Zamindari Abolition Execution of Decrees Statutory Interpretation

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Parties

Azmat Azim Khan

Appellant

Board of Revenue, Uttar Pradesh, Allahabad & Ors.

Respondents

Raja Shatranjai

Decree Holder (respondent No. 3)

Procedural Posture

Civil Appeal / Appeal by Certificate From Allahabad High Court, Decision Dated 15 January 1965

Legal Issues

  1. 1 Whether the Board of Revenue, Uttar Pradesh, had authority to issue directions regarding compensation bonds payable to an intermediary for liquidation of decree under the U.P. Encumbered Estates Act, 1934 after the coming into force of the U.P. Abolition of Zamindari and Land Reforms Act, 1950

Ratio Decidendi

By reason of Sections 23A and 23B of the U.P. Encumbered Estates Act, 1934 and Section 70 of the U.P. Abolition of Zamindari and Land Reforms Act, 1950, the Collector is to utilise compensation and rehabilitation bonds received for liquidation of secured debts; the Board of Revenue was correct in directing the stoppage of payment on the bonds and directing the Compensation Officer to hand over the bonds for liquidation of debts, and judgment-debtor was not entitled to the bonds without satisfying the decree.

Court Disposition

Appeal dismissed

Orders

  • Directions of the Board of Revenue regarding stoppage of payment on the bonds and handing over bonds for liquidation of debts upheld
  • Each party to bear their own costs in the Supreme Court