Court : Supreme Court of India
Reported in : AIR1958SC293; (1958)IMLJ156(SC); [1958]1SCR1150
Sarkar, J.1. The respondent, a scheduled bank, sued the appellant in the court of the Civil Judge, Sitapore in Uttar Pradesh, for the recovery of money due under an instrument of mortgage. The appellant contested the suit on several grounds one of which was that he was entitled to relief under the Uttar Pradesh Zamindar's Debt Reduction Act (U.P. XV of 1953) which reduced the amount recoverable on a debt as defined in it. Now a debt was defined in the Act in these terms : 2(f) : 'debt' means an advance in cash or in kind and includes any transaction which is in substance a debt but does not include an advance as aforesaid made on or after the first day of July, 1952 or a debt due to - (i) the Central Government or Government of any State; (ii) a local authority; (iii) a scheduled bank; (iv) a co-operative society; and (v) a waqf, trust or endowment for a charitable or religious purpose only. (vi) a person, where the debt was advanced on his behalf by the Court of Wards to a ward. 2. As...
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