JUDGMENT Satish Chandra, J. - This special appeal is directed against the judgment of a learned single Judge partly allowing a writ petition. The writ petition, which was filed by the respondent Gauri Shanker, an unsecured creditor of the appellants-debtors, was directed against orders passed in liquidation proceedings under the U.P. Encumbered Estates Act, 1934. 2. On 13th April, 1937, respondent Gauri Shanker's claim was decreed for Rs. 1,33,671/- (comprising Rs. 90,000/- principal and Rs. 43,671/- interest up to the date of the application) with pendente lite and future interest at 41 per cent. This was an unsecured debt. It was ranked in class (6). 3. On 25-5-1964 the Additional Collector, Saharanpur, framed a provisional liquidation award. Gauri Shanker filed objections. They were, however, dismissed and the award was affirmed by the Additional Collector on 25-8-1964. Gauri Shanker preferred an appeal which was, however, dismissed by the Additional Commissioner, Meerut. The Board of Revenue affirmed this decision and dismissed the revision filed by the creditor. These authorities unanimously held that the decree of an unsecured creditor like Gauri Shanker was liable to be satisfied out of the compensation bonds and rehabilitation grant, after scaling down his debt under Sec. 9 of the U.P. Zamindars' Debt Reduction Act, 1952. It was also held that this creditor was not entitled to payment of any part of his decree from out of the cash moneys realised by the sale of non-zamindari property of the debtors and which still remained in the hands of the Additional Collector after satisfying the priority debts. 4. Aggrieved, Gauri Shanker filed a writ petition in this Court. The learned single Judge held that the respondent's debt cannot be scaled down under Sec. 9 of the Zamindars' Debt Reduction Act and the creditor was entitled to ask the Collection first of all to utilise for the satisfaction of the decree the available surplus that remained in his hands. On these findings the writ petition was allowed. The impugned award and the orders were quashed and the Additional Commissioner was directed to give a fresh award. Aggrieved, the debtors have come up in appeal. The two questions that require consideration are : (1) Whether the creditor was entitled to realise his decree from the available surplus; and (2) Whether Sec. 9 of the Zamindars' Debt Reduction Act is applicable. 5. Aggrieved, the debtors have come up in appeal. The two questions that require consideration are : (1) Whether the creditor was entitled to realise his decree from the available surplus; and (2) Whether Sec. 9 of the Zamindars' Debt Reduction Act is applicable. 5. Under Sec. 14 of the U.P. Encumberred Estates Act, 1934, the Special Judge after making an enquiry into the various claims filed before him, was, by Sub-sec. (7) thereof authorised to pass simple money decrees in favour of the creditors. Under Sec. 16 t the Special Judge had to rank all debts for priority in accordance with the classes mentioned in it. Class (6), the last class, related to unsecured debts. Sec. 19 provided that the Special Judge shall send the decrees granted under Sec. 14 to the Collector for execution in accordance with the provisions of the next chapter. The next chapter, namely Chapter V, was headed as "Execution of decrees and liquidation of debts." Under Sec. 22 the debtor was allowed a period of two months to pay in court the whole or any part of the amount due from him. Sec. 23 provided that if the debtor failed to pay the amount, the Collector was to proceed to liquidate the amount due in accordance with the provisions of the following sections. Sec. 24(1) provided that the Collector shall first realise the value of such of the debtor's property, other than proprietary rights in land, as shall have been reported by the Special Judge to be liable to attachment or sale. Sub-sec. (2) stated that the amount so realised shall be expended by the Collector in discharging the debts in order of priority. The subsequent sections provided for proceeding against the landed -property of the debtor, but only in cases where the sum realised under Sec. 24 was insufficient. 6. In 1949 the State of Uttar Pradesh was going through the enactment of legislation to abolish zamindari. In 1949 the U.P. Agricultural Tenants (Acquisition of Privileges) Act No. 10 of 1949 was passed. In 1950 the State Legislature amended this Act by the U.P. Agricultural Tenants (Acquisition of Privileges) (Amendment) and Miscellaneous Provisions Act No. 7 of 1950. This amending Act came into force on 16th March, 1950. In 1949 the U.P. Agricultural Tenants (Acquisition of Privileges) Act No. 10 of 1949 was passed. In 1950 the State Legislature amended this Act by the U.P. Agricultural Tenants (Acquisition of Privileges) (Amendment) and Miscellaneous Provisions Act No. 7 of 1950. This amending Act came into force on 16th March, 1950. Sec. 10 of the amending Act provided that notwithstanding anything contained in any law for the time being in force, all suits, applications or proceedings specified in the Schedule pending on the date of the commencement of this Act or which may hereafter be instituted, presented or commenced shall remain stayed for so long as this Act remains in force. Under entry No. II of the Schedule it was mentioned : "II. Under the United Provisions encumbered Estates Act, 1934 (U.P. Act XXV of 1934) - Proceedings under Chapter V except proceedings for the recovery of instalments ordered under Sec. 27 or Sec. 28 or proceedings under Secs. 41 and 42." In view of this Act liquidation proceedings under Chapter V, especially proceedings under Secs. 23 and 24, remained staved with effect from 16th March, 1950. 7. In 1952, soon after the enforcement of the U.P. Zarnindari Abolition and Land Reforms Act with effect from 1st July, 1952, the State Legislature enacted the U.P. Zamindars' Debt Reduction Act No. 15 of 1953. This Act provided for the scaling down of the debts of zamindars' in accordance with its provisions. 8. By the U.P. Encumbered Estates (Amendment) Act No. 13 of 1954 the State Legislature drastically amended the U.P. Encumbered Estates Act, 1934. We shall notice the provisions which are relevant and material for our purposes. Sub-sec. (8) was added to Sec. 14 and this provided that every decree passed under Sub-sec. (7) shall not be executable within U.P. except under the provisions of this Act, Sec. 19 was amended. Sub-sec. (2) thereof required the Special Judge to inform the Collector of the amount of the secured debt which is not legally recoverable otherwise than cut of the compensation and rehabilitation grant payable to the landlord in respect of the mortgaged estate. Sec. 19-A was added to the Act. Sub-sec. (2) thereof required the Special Judge to inform the Collector of the amount of the secured debt which is not legally recoverable otherwise than cut of the compensation and rehabilitation grant payable to the landlord in respect of the mortgaged estate. Sec. 19-A was added to the Act. Under it the Special Judge was required to reduce the decree passed in respect of secured debts in accordance with the U.P. Zamindars Debt Reduction Act in case the decree has not already been fully satisfied, and then to inform the Collector of the Reduction so made and thereupon the decree transmitted to the Collector shall be deemed to have been amended accordingly. 9. In Chapter V dealing with execution of decrees and liquidation of debts, Secs. 23-A and 23-B were added and Sec. 24(1) was repealed and reenacted. Sec. 23-A provided : "23-A. Compensation and rehabilitation grant to be placed at the disposal of the Collector.-The Collector shall require the Compensation Officer and Rehabilitation Grants Officer as may be necessary to place at his disposal in pursuance of Sec. 70 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, the amount of compensation money and rehabilitation grant payable to the landlord in respect of his proprietary rights in land reported to be liable to attachment or sale under the provisions of Sub-sec. (2) of Sec. 19." Secs. 23-B and 24 provided : "23-B. Liquidation of secured debt recoverable from compensation and rehabilitation grant.-(1) Without prejudice to the provisions of Sec. 8 of the U.P. Zamindars' Debt Reduction Act, 1952, the amount or the bonds on account of compensation or rehabilitation grant received by the Collector in pursuance of the requisition under Sec. 23-A shall be expended or utilised by the Collector in liquidation of the amount of the secured debt which having regard to the provisions of the U.P. Zamindars' Debt Reduction Act, 1952, was secured on the proprietary rights in land in respect of which such money has been received. (2) If any balance out of the compensation or rehabilitation grant received by the Collector in pursuance of the requisition under Sec. 23-A re-mains in the hands of the Collector after utilising the same in accordance with the provisions of Sub-sec. (1), such balance shall be utilised by the Collector in discharging the debts, other than the debts, referred to in the said sub-section in order of priority. (1), such balance shall be utilised by the Collector in discharging the debts, other than the debts, referred to in the said sub-section in order of priority. 24. Realisation of value of debtor's property and application of proceeds for liquidation of debts.- (1) The Collector shall then realise the value of such of the debtor's property, other than proprietary rights in land, but including proprietary rights in land in the areas which on the 7th day of July, 1949, were included in a Municipality or a Notified Area under the provisions of the U.P. Municipalities Act, 1916, or a cantonment under the provisions of the Cantonment Act, 1924, or a Town Area under the provisions of the U.P. Town Areas Act, 1914, as shall have been reported by the Special Judge under the provisions of Sub-Sec. (2) of Sec. 19 to be liable to attachment or sale : Provided ........................... Provided also ........................... Provided further ........................... (2) The amount so realised shall be expended by the Collector in discharging the debts in order of priority ....." 10. Sec. 24 of the amending Act-71 repealed Paragraph 11 (pertaining to, the U.P. Encumbered Estates Act, 1934) of the Schedule to the U.P. Agricultural Tenants (Acquisition of Privileges) (Amendment) and Miscellaneous Provisions Act, 1950, and also the orders issued under Sec. 10 of the said Act for the stay of proceedings under Chapter V of the U.P. Encumbered Estates Act. Because of this provision, the execution proceedings under Chapter V which had hitherto remained stayed, were restarted in 1954. 11. It will be seen that the scheme of the Encumbered Estates Act prior to its amendment in 1954 was that the debts of a landlord were to be liquidated first from his properties other than proprietary rights in land. Such rights were to be proceeded against as a last resort. After the 1954 amendment, the legislative scheme completely changed because of the advent of the Zamindari Abolition Act, under which proprietary rights in land were extinguished and in their place compensation and rehabilitation grants were given to the intermediaries. The amended Sec. 24(1) provided that the Collector shall proceed against the debtor's property other than proprietary rights in land only after he had completely utilised the compensation and rehabilitation grants, in accordance with Secs. 23A and 238. The amended Sec. 24(1) provided that the Collector shall proceed against the debtor's property other than proprietary rights in land only after he had completely utilised the compensation and rehabilitation grants, in accordance with Secs. 23A and 238. This is emphasised by the opening clause of Sec. 24(1) "The Collector shall then realise." Under Sec. 24(2) "the amount so realised" was to be expended in discharging the debts. 12. After the amendment, it was clear that at first all debts whether secured or unsecured were to be satisfied from out of the compensation and rehabilitation grant bonds. Thereafter the Collector was to realise the value of the debtor's other property and the amount so realised could be expended in discharging the balance of the debts. 13. Reading Sec. 24(1) as amended, with Sub-sec. (2) it seems that the Collector was not authorised to expend the amount realised from the debtor's property, in discharging the debts until the compensation or rehabilitation bonds had been completely utilised. 14. In the present case the Collector had realised large amounts from the debtor's non-zamindari property under Sec. 24(1) prior to its amendment; and it appears that some of this money still remained unexpended with the Collector when proceedings were revived in 1954. The question is whether this preexisting available surplus could be utilised by the Collector in liquidating debts, without first satisfying them from the compensation or rehabilitation grant bonds. In other words, are the amendments retrospective so as to apply to pending transactions. 15. Sec. 22 of the Amending Act XIII of 1954 is "Savings" section. The question is whether this preexisting available surplus could be utilised by the Collector in liquidating debts, without first satisfying them from the compensation or rehabilitation grant bonds. In other words, are the amendments retrospective so as to apply to pending transactions. 15. Sec. 22 of the Amending Act XIII of 1954 is "Savings" section. It reads :- "Where any provision of the Principal Act has been repealed, altered, or amended by this Act, then, unless a different intention appears, repeal, alteration or amendment shall not - (a) revive anything not in force or existing at the time at which the repeal, alteration or amendment takes effect, (b) affect the previous operation of any provision so repealed, altered or amended or anything duly done or suffered thereunder, (c) affect any right, title, privilege, obligation or liability acquired, accrued or incurred under any provision so repealed, altered or amended, or (d) affect any remedy or any investigation or legal proceeding commenced before this Act shall have come into operation in respect of any such right, title, privilege, obligation or liability as aforesaid : and any such remedy may be enforced and any such investigation or legal proceedings may be continued and concluded in accordance with the provisions of the Principal Act as amended by this Act." 16. Sub-sec. (a) of the aforesaid Sec. 22 is not attracted as no question of revival (bringing back to life) of anything is involved in the instant case. It is true that Sub-sec. (b) would save the proceedings taken for realisation of moneys under the unamended Sec. 24 and those proceedings would remain unaffected. Had the moneys realised under Sec. 24 been already utilised it would also have been saved by the words "anything duly done" of sub-Sec. (b) but such is not the case here. In our opinion the respondent creditor cannot derive any benefit out of Sub-secs. (c) and (d) also for two reasons : (1) In the Encumbered Estates Act before its amendment by Act XIII of 1954 by which Secs. 23A and 23B were added and Sec. 24(1) was substituted there was no provision for expending and utilising the bonds before proceeding against the debtor's property other than the proprietary rights in land. (c) and (d) also for two reasons : (1) In the Encumbered Estates Act before its amendment by Act XIII of 1954 by which Secs. 23A and 23B were added and Sec. 24(1) was substituted there was no provision for expending and utilising the bonds before proceeding against the debtor's property other than the proprietary rights in land. As such even though he may have acquired a right to get his debt liquidated out of the moneys realised under the unamended Sec. 24 from such property it cannot be said that he had acquired any right within the meaning of Sub-sec. (c) to have the said moneys utilised for payment of his dues before proceedings for expending and utilising the bonds under Secs. 23A and 23B are over. As a corollary when such right itself is not in existence it cannot be said that the legal proceeding which was pending when the Amending Act came into force was in respect of any such right within the meaning of Sub-sec. (c). (2) Provisions of Secs. 23 and 25 of the Amending Act XIII of 1954 bring the case within the phrase "unless a different intention appears" contained in Sec. 22 of the said Act. Moreover, the last clause of Sec. 22 specifically provides that pending investigation or legal proceedings may be continued and concluded in accordance with the amended Act. 17. Sec. 23 stated that for the settlement of doubts it is hereby declared that the repeal or amendment of any provision of the repealed Act by this Act will not affect the continued operation of any mortgage granted under Sec. 25, herein deleted, of the Principal Act where possession over the mortgaged property was delivered to the mortgagee the liability of the debtor for payment of any instalment ordered to be paid by him under Sec. 27 or 28, herein deleted, of the Principal Act. The other clauses of this section similarly continued the operation of orders issued under the repealed Secs. 30, 31, 33, 34 and 40 of the Principal Act. The point to be noticed is that Sec. 23 does not save the operation of the repealed Sec. 24(1) of the Principal Act. Rights acquired under the repealed Sec. 24(1) will not prevail, but will be subject to the effect of Secs. 23A, 23B and the amended Sec. 24(1). Sec. 25 reads : "25. The point to be noticed is that Sec. 23 does not save the operation of the repealed Sec. 24(1) of the Principal Act. Rights acquired under the repealed Sec. 24(1) will not prevail, but will be subject to the effect of Secs. 23A, 23B and the amended Sec. 24(1). Sec. 25 reads : "25. For the purposes of facilitating the application of the Principal Act as amended by this Act to any pending proceedings or investigation or enforcement of any right, privilege obligation or liability acquired, accrued or incurred under the Principal Act prior to its amendment by this Act, any Court or other authority may construe the provisions of the Principal Act as amended by this Act with such alteration or modification, not affecting the substance, as may be necessary or proper to adopt it to the matter before the Court or the authority as the case may be." 18. This provision seems to make -the amendment effective and to make rights, privileges, obligations or liabilities acquired, accrued or incurred under the unamended Act yield to the amendments, subject to the operation of Sec. 23. To this end the Court was entitled to alter or modify (without affecting the substance) the provisions of the Amendment so as to adapt them to the matter in hand. In the light of these provisions, Sec. 24(2) when it provides for the "amount so realised", will have to be construed to include the amounts that may have been already realised, but were still lying unexpended, when the amending Act came into force. This will subserve the policy and the scheme of the Legislature that the debtor's property, other than proprietary rights in land, was to be utilised only as a measures of last resort. 19. It seems to us that Sees. 23-A, 23-B and 24(1) (as amended) were intended to operate and apply to pending matters. If moneys had already been realised under Sec. 24(1) but remained unutilized, they could, after the coining into force of the amending Act, be expended only in accordance with the amended provisions. 20. 19. It seems to us that Sees. 23-A, 23-B and 24(1) (as amended) were intended to operate and apply to pending matters. If moneys had already been realised under Sec. 24(1) but remained unutilized, they could, after the coining into force of the amending Act, be expended only in accordance with the amended provisions. 20. We are of the opinion that the creditor was not entitled to ask the Collector first of all to utilise, for the satisfaction of his decree, the available surplus that remained of the amounts realised or deemed to have been realised under Sec. 24 of the Act, from the sale or acquisition of the non-zamindari properties of the debtors. 21. The second question relates to the applicability of the Zamindars' Debt Reduction Act. This Act related to the scaling down of debts of zamindars whose estates have been acquired under the Zamindari Abolition Act. Secs. 3 to 6 provided for the reduction of the debts and decrees. Sec. 7 provided that after the amount due had been reduced, the decree shall to the extent of the reduction be deemed duly satisfied. Secs. 8 and 9 of the Act dealt with execution of decrees against compensation and rehabilitation grants. Sec. 8 applied to a decree relating to a secured debt. Such a decree could be executed against the bonds to the extent of its three-fourth amount Sec. 9 says : "Where a decree to which this Act applies relating to other than a secured debt is executed by attachment and sale of the bonds granted to the judgment-debtor on account of compensation or rehabilitation grant for his estate, the Court executing the decree shall, notwithstanding anything in any law, enter satisfaction in accordance with the formula given in Schedule II." The second Schedule provides : "For every one rupee of the fate value of the bond sold, an amount which shall be ME/8 times thereof." 22. Sec. 9 applies only when a decree is executed "by attachment and sale" of the bonds. It is on sale, after attachment of the bonds, that the decree is scaled down by entering satisfaction. 23. Sec. 51, C.P.C. provides the procedure for execution of decrees. Sec. 9 applies only when a decree is executed "by attachment and sale" of the bonds. It is on sale, after attachment of the bonds, that the decree is scaled down by entering satisfaction. 23. Sec. 51, C.P.C. provides the procedure for execution of decrees. On the application of the decree-holder the Court can order execution of the decree - (a) by delivery of any property specifically decreed; (b) by attachment and sale or by Sale without attachment of any property ; (c) by arrest and detention in prison ; (d) by appointing a receiver; or (e) in such other manner as the nature of the relief granted may require. It is evident that Sec. 9 applies only if the execution is by attachment and sale mentioned in clause (b) of Sec. 51, and to not other method of execution. 24. The question is whether the utilising or expending the bonds mentioned in Sec. 23-B is tantamount to attachment and sale of the bonds. Sec. 23A of the Encumbered Estates Act provides that the Collector shall require the Compensation Officer and Rehabilitation Grants Officer as may be necessary to place at his disposal, in pursuance of Sec. 70 of the U.P. Zamindari Abolition Act, the amount of the compensation money and rehabilitation grant. The bonds so received are then to be utilised or expended under Sec. 23-B in liquidation of the amount of the secured debt under sub-Sec. (1) thereof, and thereafter, in discharging other debts including unsecured debts. 25. Sub-sec. (1) of Sec. 23-B expressly provides : "Without prejudice to the provisions of Sec. 8 of the U.P. Zamindar's Debt Reduction Act, 1952." The effect of this is that the bonds can be expended for liquidating the secured debts in accordance with Sec. 8, i.e. only to the extent of three-fourth of the bonds. But Sub-sec. (2) of Sec. 23-B which provides for utilisation of bonds for discharging unsecured debts does not refer to or preserve the application of Sec. 9 of the Zamindar's Debt Reduction Act. This tends to show that the Legislature did not intend that the "Utilisation of the bonds in discharging debts" was attachment and sale of the bonds within meaning of Sec. 9. Otherwise, there was no reason why a saving clause similar to Sec. 8 was not put in Sub-sec. (2), in respect of Sec. 9. 26. This tends to show that the Legislature did not intend that the "Utilisation of the bonds in discharging debts" was attachment and sale of the bonds within meaning of Sec. 9. Otherwise, there was no reason why a saving clause similar to Sec. 8 was not put in Sub-sec. (2), in respect of Sec. 9. 26. The procedure for utilisation of these bonds is mentioned in rule 31 of the rules framed under the Encumbered Estates Act. Like Sec. 23-A it provides for "requisition" of the bonds. It further provides that the Collector shall expend the amount so received in liquidation of the debts in accordance with Sec. 23-B of the Act and shall refund the balance to the debtor. Rule 54-B provides for the giving of the bonds to creditors. It will be seen that under the Encumbered Estates Act and its Rule, the procedure is that the Collector first acquires custody of the bonds from the Compensation Bonds Officer and the Rehabilitation Grants Officer and thereafter he expends the amount of the bonds by giving the bonds to the creditor in discharge of his debt. Is this procedure for attachment and sale of the bonds ? 27. Sec. 51, C.P.C. applies to execution of decrees. One of the modes of execution under Sec. 51, C.P.C. is by attachment and sale. O. 21, rule 43, C.P.C. provides for attachment by seizure and custody of movable property, only if it is in possession of the judgment-debtor. But if movable property is in possession of a third party rule 46 provides for attachment by issuing a prohibitory order. If such property is in possession of Court or public officer, then rule 52 applies. The Compensation Officer and the Rehabilitation Grants Officer who have custody of the bonds are public officers within meaning of rule 52. The bonds hence could be attached in accordance with rule 52. Under it, the attachment is made by notice to such officer requesting that the property may be held subject to further orders of the Court from which the notice is issued. To effect a valid attachment, a notice under rule 52 should be followed by a prohibitory order to the judgment-debtor as mentioned in rule 54 (see In re: Motilal, AIR 1942 Bom. 53, and Kanhaiyalal v. Mathalone, AIR 1951 Nag. 52. To effect a valid attachment, a notice under rule 52 should be followed by a prohibitory order to the judgment-debtor as mentioned in rule 54 (see In re: Motilal, AIR 1942 Bom. 53, and Kanhaiyalal v. Mathalone, AIR 1951 Nag. 52. This procedure is different to the "requisition" provided under - Sec. 23-A. There the Court does not issue a notice of this kind to the officer or any prohibitory order to the judgment-debtor. On the other hand it requires him to place the bonds at the disposal of the Collector. It seems doubtful if this can be called attachment of the bonds. 28. Under Sec. 60 the attached property is put up for auction and is transferred to the highest bidder. This process is known as sale of the attached property. Under the Encumbered Estate Act the bonds are not auctioned publicly. They are straight away given to the creditor for their face value. By this procedure the bonds are not sold, but merely specifically delivered to the creditor. The utilisation of the bonds in discharging unsecured debts under Sec. 23-B is not. in our opinion, attachment and sale of the bonds so as to attract Sec. 9 of the Zamindars' Debt Reduction Act. The revenue authorities were in error in scaling clown respondent Gauri Shanker's decree under Sec. 9 of that Act. 29. Learned counsel invited our attention to Bhawani Shanker v. Govind Dass, 1962 ALJ 223. There the question arose in the execution of a simple money decree which had not been granted under the Encumbered Estates Act. At first the decree-holder applied for execution of the decree by attachment and sale of the zamindari compensation bonds. The bonds were attached but before anything could be done further the decree-holder applied for the dismissal of the execution. The execution Court granted the prayer. The Division Bench held that the Court was within its rights in doing so. The Bench, however, went on to make certain observations as to the construction of Sec. 9 of the Zamindars debt Reduction Act. The observations are obiter. We agree with the Bench that the word `and' occurring in the phrase "attachment and sale in Sec. 9 cannot be interpreted as meaning 'or'. The other observations are not material for the decision of the case before us. 30. In the result the appeal succeeds and is allowed in part. The observations are obiter. We agree with the Bench that the word `and' occurring in the phrase "attachment and sale in Sec. 9 cannot be interpreted as meaning 'or'. The other observations are not material for the decision of the case before us. 30. In the result the appeal succeeds and is allowed in part. The judgment of the learned single Judge as well as the impugned award and the orders of the Commissioner and the Board of Revenue are all modified. The matter is sent back to the Additional Collector, Saharanpur, for modifying his award by providing for the discharging of the respondent Gauri Shanker's debt from the compensation and rehabilitation bonds without scaling down his debt under Sec. 9 of the Zamindars' Debt Reduction Act. If any amount of the debt remains undischarged by the bonds, it shall be paid from out of the moneys realised under Sec. 24 and still in the hands of the Additional Collector. In view of the divided success the parties will bear their own costs.