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Shivlal Jethabhai Vs. Bhikha Ramjan - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in4Ind.Cas.843
AppellantShivlal Jethabhai
RespondentBhikha Ramjan
Excerpt:
dekkhan agriculturists' relief act (xvii of 1879), sections 12 and 13 - retrospective effect. - - we understand this to mean indebtedness existing at the date of the passing of the act as well as future indebtedness......the affirmative. sections 12 and 13 of the dekkhan agriculturists' relief act show that it was the intention of the legislature to open up all transactions between the parties having a bearing upon the claim out of which the suit arises from the very commencement. this is one of the means adopted by the legislature to carry out the intention expressed in the preamble of relieving the agricultural classes from indebtedness. we understand this to mean indebtedness existing at the date of the passing of the act as well as future indebtedness.2. the point referred to us has never, so far as we have been able to ascertain, been raised during the last thirty years which have elapsed since the passing of the act, and we know of no case which has been decided which is based upon any other.....
Judgment:

1. We answer the question referred in the affirmative. Sections 12 and 13 of the Dekkhan Agriculturists' Relief Act show that it was the intention of the legislature to open up all transactions between the parties having a bearing upon the claim out of which the suit arises from the very commencement. This is one of the means adopted by the legislature to carry out the intention expressed in the preamble of relieving the agricultural classes from indebtedness. We understand this to mean indebtedness existing at the date of the passing of the Act as well as future indebtedness.

2. The point referred to us has never, so far as we have been able to ascertain, been raised during the last thirty years which have elapsed since the passing of the Act, and we know of no case which has been decided which is based upon any other reading of the Act than that indicated above.

3. We are indebted to the pleaders who have argued the case as amici curiae with much keenness and have given great assistance to the Court.


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