JOSHI GIRJADHARJI AND ANOTHER versus LACHMANJI PANTH AND OTHERS.

JOSHI GIRJADHARJI AND ANOTHER versus LACHMANJI PANTH AND OTHERS.

As Sita Ram was not assessed to income-tax at the date of mortgage (28 July 1931) and the applicants were agriculturists on all relevant dates, the decree was in a suit relating to a loan as defined by the Act, entitling the judgment-debtors to relief under the U.P. Debt Redemption Act (XIII of 1940).

Parties
Appellant: Joshi Girjadharji; Appellant: Another (Murlidharji, minor son of Gangadharji); Respondent: Lachmanji Panth; Respondent: Others (including Sita Ram and joint Hindu family members)
Jurisdiction
India
Judgment Date
25 April 1952
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
U.p. Debt Redemption Act, Definition of Loan, Agriculturist Status, Mortgage Decree, Income Tax Assessment
Debt Relief Agricultural Law Property Law U.p. Debt Redemption Act Definition of Loan Agriculturist Status Mortgage Decree Income Tax Assessment

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Parties

Joshi Girjadharji

Appellant

Another (Murlidharji, minor son of Gangadharji)

Appellant

Lachmanji Panth

Respondent

Others (including Sita Ram and joint Hindu family members)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether judgment-debtors were entitled to relief under the U.P. Debt Redemption Act (XIII of 1940)
  2. 2 Meaning of 'loan' and 'suit to which Act applies' under the Act
  3. 3 Whether Sita Ram was an agriculturist at relevant dates

Ratio Decidendi

As Sita Ram was not assessed to income-tax at the date of mortgage (28 July 1931) and the applicants were agriculturists on all relevant dates, the decree was in a suit relating to a loan as defined by the Act, entitling the judgment-debtors to relief under the U.P. Debt Redemption Act (XIII of 1940).

Court Disposition

Appeal dismissed

Orders

  • Decree stands discharged in full and note to be made in Register of Suits
  • Appeal dismissed with costs