Section 3 in The United Provinces Agriculturists Relief Act 1934
3. [ Fixing of instalments at the time of passing of decree] [Republished by section 27 (1) of U.P. Act XIII of 1940 except to advance made before the 1st day of June, 1940].
(1)Notwithstanding any provision in the Code of Civil Procedure, 1908, to the contrary, the Court, at the lime of passing a decree for money or a preliminary decree for sale in default of payment of money or a preliminary decree for foreclosure against an agriculturist, may, and, on the application of such agriculturist, shall, unless for reasons to be recorded it directs otherwise, direct that the total amount found due for principal, interest up to the date of the decree and costs, if any, shall be paid in such number of instalments payable on the date fixed by the court as having regard to the circumstances of the judgment-debtor and the amount of the decree, the Court considers proper:Provided that the period of such instalments shall not exceed beyond four years from the dale of the decree in the case of an agriculturist to whom Chapter III applies, and beyond fifteen years from such dale in the case of other agriculturists :Provided further that, if the Court is satisfied that on account of an agricultural calamity the payment of any instalment by a judgment-debtor is likely to cause hardship, it may, after notice to the decree-holder, allow such further time for payment of such instalments as it may consider proper.(2)The Court may, at the time of passing an instalment decree against an agriculturist, either attach his immovable property, if any, or declare a charge on such property within the meaning of section 100, Transfer of Properly Act, 1882, to the extent of the amount decreed.(3)An attachment under sub-section (2) shall, unless the Court directs otherwise, subsist, until the decree has been paid off or otherwise satisfied, and all provisions in the Code of Civil Procedure, 1908, relating to attachment in execution of decrees and to investigation of claims to attached property shall apply to such attachment.(4)If the decree provides for payment by instalments, the Court shall direct that, where the number of instalments allowed is four or five and any two instalments are in arrears, or where the number allowed is six or more and any three instalments are in arrears the decree-holder may, notwithstanding the provisions of any law for the time being in force, immediately enforce payment of the whole amount then remaining due under the decree, and in the case of a decree, for sale or foreclosure apply that a final decree shall be passed.(5)Nothing in any order made in an instalment decree shall debar a judgment-debtor from paying at any time, towards the satisfaction of the decree, the whole of the amount that may be due thereunder or any amount exceeding the amount of an instalment that may be fixed under the decree.[4] [Republished by section 27 (1) of U.P. Act XIII of 1940, made by the Governor in exercise of the powers assumed by him under section 93 of Government of India Act, 1935, except in its application to advances made before the first day of June, 1940, not being loans as defined in than Act]. Future interest.(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908, the rate at which future interest may be allowed in any decree for payment of money or for sale in default of payment of money or for-foreclosure or in any order for Want of instalments passed against an agriculturist shall not exceed the rate notified by the [State Government] [ Substituted by the ALO 1950 for "Provincial Government" which had been Substituted by the ALO 1937 for "Local Government"] in the [official Gazette] [ Substituted for "Gazette" by ALO 1937] under sub-section (2) as in force at the time when the decree or order, as the case may be, is passed.(2)As soon as possible after the rate of interest at which the [Central Government] [ Substituted by ibid] will lend money to the [State Government] [ Substituted by the ALO 1950 for "Provincial Government" which had been Substituted by the ALO 1937 for "Local Government"] is announced, the [State Government] [ Substituted by the ALO 1950 for "Provincial Government" which had been Substituted by the ALO 1937 for "Local Government"] shall notify that rate in the [official Gazette] [ Substituted for "Gazelle" by ALO 1937], and publish in such other manner as it thinks proper, and that rate shall be the rate in force for future interest from such date as may be notified by the [State Government] [ Substituted by the ALO 1950 for "Provincial Government" which had been Substituted by the ALO 1937 for "Local Government"] until such date as it is susperseded by a new rate.,
