MUTHAPPA RAI Vs. DERANNA RAI

JUDGEMENT

(1.) The short question for consideration in this revision is whether the trial Court came to the correct conclusion on Issues 12 and 13 in regard to whether the suit claim constituted 'debt' within the meaning of that expression defined in the Karnataka Debt Relief Act, 1980. The suit claim arises out of breach of a partition agreement in the following manner: Plaintiff took part of the partitioned properties subject to a mortgage under the terms of the partition with encumbrance on the property. The property so taken, encumbrance was to be cleared by the defendant who hed taken the other part of the property. The defendant not having cleared the encumbrance, the plaintiff himself discharged that encumbrance and in that circumstance, claimed the suit amount as a debt arising out of a partition.

(2.) Section 10 of the Karnataka Debt Relief Act 1980 provides for certain debts and liabilities not to be affected by the provisions of the Act. Under Clause (j) of that Section it is stated:

(3.) The conclusion reached by the Court below is correct and does not call for interference. The revision petition is there fore rejected.