Kanwar Budh Singh vs Sahebzada Mohd. Yaseen

Bapna, J.—This is a reference by the learned District Judge. Jaipur City.

Dewan Bahadur Kesri Singh obtained a money decree for Rs. 4254/- against one Hamir Khan on 22-9-1941. The last application for execution was filed against Mohammad Yaseen Khan, son of the original judgment-debtor, on 1-2-1952. The decree-holder prayed for attachment of the house of the judgment-debtor in execution of the decree. An objection was raised on behalf of Mo-hammad Yaseen Khan that he belonged to the royal family of Tonk, and that his house was exempt from attachment under notification dated 25-11-34 published in the Gazette of 1-12-34 of the former Tonk State. The executing court allowed the objection. The decree-holder filed an appeal against the judgment of the Civil Judge, Tonk, dated 26-11-1952. The decree-holder died in the mean while and his legal representatives were brought on record. It was urged on behalf of the decree- holder that the notification referred to by the judg ment-debtor was no longer in force, as it offended Articles 13 and 14 of the Constitution. The learned District Judge was of opinion that the contention raised by the decree-holder was correct, and he has made this reference u/s 113 of the Code of Civil Procedure.

The reference is correct. Article 14 of the Constitution provides that--

"The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."

The notification of the firmer Ruler of Tonk crea tes discrimination, which is not based on a reason able classification. The notification dated 25-11- 1934. which is published in the Tonk State Gazette of 1-12-1934. is declared invalid. The file will go back to the District Judge for further proceedings according to law.