J.C.Gupta, J. - (1.) The petitioner has filed the present writ petition for the quashing of the order dated 10.2.1987 passed by the 1st Addl. District Judge, Ballia in Revision No. 55 of 1984 dismissing the revision as well as the order dated 21.1.1984 passed by respondent No. 2 dismissing petitioner's objections filed under Section 47, CPC.
(2.) Respondent No.3 is the decree-holder. On the basis of compromise, a money decree was passed in his favour, which was put in execution in Case No. 50 of 1981. The present petitioner filed objections under Section 47, CPC alleging that the judgment-debtor Ajit Narain, father of the objector had with him less than one hectare of land, whose main source .of livelihood was agriculture and his annual household income did not exceed Rs. 2,400/- and the annual household income of this heirs also did not exceed Rs. 2,400/-. In short the petitioner's claim is that the judg- ment-debtor was a "marginal farmer" within the meaning of Section 2(9) of the U.P. Debt Relief Act, 1977, hereinafter referred to as the Act and so the decree in question was unexecutable. The Executing Court rejected the said objection and the revision filed by the petitioner, has also been dismissed. Mr. K.N. Rai appeared for the petitioner and Mr. R.N. Singh appeared on behalf of respondent No. 3. Standing Counsel is present for respondent Nos. 1 and 2. Learned counsel for the petitioner argued before this court that the Executing court as well as the, Revisional court have committed a gross error of law in not -making enquiry into the main question whether or not the petitioner was entitled to claim the benefit of the provisions of the Act on the basis of .his being a "marginal farmer". It is further urged that the petitioner has alternatively claimed that if he could not be treated as "marginal farmer", he was a 'small farmer' within the meaning of Sub-section (11) of Section 2 of the Act and again on this questiort neither any enquiry has been made by both the courts below nor any finding has been recorded and therefore, according to petitioner's counsel both the orders are not sustainable in law.
(3.) Section 4 of the Act makes a provision as to in what circumstances debts stand discharged under the provisions of the Act. Section 4 reads as follows: "4. Discharge of debts-Notwithstanding anything contained in any law for the time being in force or in any contract, decree or other instrument having force by virtue of any such law and save as otherwise expressly provided in this Act. (a) every debt, together with any interest, payable on the date of commencement of the Act, by a debtor whose annual household income does not exceed two thousand and four hundred rupees shall with effect from the date of such commencement, be deemed to be wholly discharged; (b) every debt payable on the date of such commencement by a debtor whose annual household income exceeds two thousand and four hundred rupees shall be wholly discharged, if the debtor- (i) has paid, in the discharge of his debt, a sum exceeding or equivalent to double the amount of principal in respect of the debt, at any time before such commencement , and such discharge shall be effective from the date of such commencement; (ii) pays after the date of such commencement, a sum which together with any sum already paid in the discharge of such debt, is equivalent to or exceeds double the amount of principal in respect of the debt, or the amount actually whichever is less, and such discharge shall be effective from the date of such payment." Section 22 of the Act creates a bar to suits and other proceedings. Section 22 reads as follows: "Bar to certain suits-Notwithstanding anything contained in any law for the time being in force- (a) no Civil or Revenue Court shall entertain a suit, application or proceedings against a small farmer in respect of any debt to which the provisions of this Chapter apply; (b) every such suit, application or proceeding pending before any such court on the date of commencement of this Act shall abate; (c) no decree of a Civil Court in rela-tion to the debt to which the provisions of this Chapter apply shall be executed.";