State Act

4

Section 4. Power to reduce secured debt after passing of decree

THE RAJASTHAN JAGIRDARS DEBT REDUCTION ACT, 1956

Act no. 9 of 19571957In forceRajasthan (State Act)

4.Power to reduce secured debt after passing of decree:-(1)Notwithstanding anything in the Code of Civil Procedure. 1908 (V of 1908) or any other law. The court which passed a decree to which this Act applies relating to a secured debt shall, on the application either of the decree-holder or judgment-debtor, Proceed as hereinafter stated. (2) Where the mortgaged property charged under the decree consists exclusively of jagir lands and such lands have been 1[resumed, abolished, acquired or ordered to vest in the state under the relevant Act], The court shall reduce the amount due in accordance with the formula given in schedule I. (3) Where the mortgaged property charged under the decree consists partly of Jagir lands and partly of property other than jagir lands. The court shall determine the amount due on the first day of January. 1949 and distribute the same on the two properties separately in accordance with the principles contained in section 82 of the transfer of property Act. 1882 (IV of 1882). As if they had even properties belonging to two persons with separate and distinct right of ownership and after the amount due as respect the jagir lands has been so calculated. Reduce it in accordance with the formula given in schedule I.