AIR 1964 ANDHRA PRADESH 7 ::(1963) 1 Andh WR 430

Andhra Pradesh High Court

Hon'ble Judge(s): P. Chandra Reddy , C.J. AND K. V. L. Narasimham, Gopal Rao Ekbote , JJ

Hyderabad Jagirdars Debt Settlement Act (12 of 1952) , S.2(f), S.31, S.33, S.34, S.36, S.42— Hyderabad (Abolition of Jagirs) Regulation (69 of 1358 F) , S.2(h), S.4, S.6(7), S.6(8), S.9(4), S.10(4), S.11, S.12— Hyderabad Jagirs (Commutation) Regulation (25 of 1359 F) , S.6— Hyderabad Atiyat Enquiries Act (10 of 1952) , S.2(1)(b), S.3A(1), S.7, S.12(2), S.16(a)— Debt Laws - Abolition of Jagir - Commutation sum payable to jagirdar - Whether atiyat or personal property - Whether descends to his heirs according to personal law - Determination of paying capacity of jagirdar for purposes of Debts Settlement Act - Entire commutation amount to be taken into account - Extent to which it is available for paying debts of creditors should be determined at time of execution of award. Held on a consideration of the various provisions of the Hyderabad (Abolition of Jagirs) Regulation, 1358F, Hyderabad Jagirs (Commutation) Regulation, 1359F and the Hyderabad Atiyat Enquiries Act, 1952 (as amended by Hyderabad Act 28 of 1956) that, the commutation sum due to a jagirdar is not paid to him in his continued former capacity as a jagirdar and in any case where such a sum is due to a jagirdar who had died after the Abolition of Jagirs Regulation came into force it would become payable to his heirs in accordance with the personal law, that is to say ordinary law of inheritance. The....