- (1.) Banarsi Dass respondent obtained a decree for Rs. 1,498/- against Nazar Singh petitioner on 10th of March, 1978, on the basis of a pronote. Before the execution was taken out by the decree-holder, the judgment-debtor moved an application before the Executing Court for a prayer discharging him from paying the decretal amount or interest thereon under Section 4 of the Punjab Agricultural Indebtedness (Relief) Act, 1975 (hereinafter referred to as the Act), as he was a 'debtor' within the meaning of Section 2(v), as he was ordinarily residing in the State of Punjab, earning his livelihood mainly by working as agricultural labourer not owning any agricultural land and having no assets.
(2.) The application was opposed by the decree-holder and on the contest of the parties, the following issues were framed :- (1) Whether the applicant is protected under the provisions of Act No. 24 of 1975 ? OPA (2) Whether the applicant does fall within the definition of 'debtor' ? OPA (3) Whether the applicant is estopped by his conduct to file the present application ? OPR (4) Relief. The trial Court decided issue Nos. 1 and 2 against the applicant-judgment-debtor as it concluded from the evidence on record that he is a siri and a siri is a co-sharer and as co-sharer, the Court below was of the opinion, that the applicant could not be an agricultural labourer as he obtained share in the produce. Issue No. 3 was decided against the decree-holder with the result that the application of the judgment-debtor was dismissed by order dated 9th of April, 1979, in view of findings on issue Nos. 1 and 2. The judgment-debtor has come to this Court in revision.
(3.) In order to appreciate the rival contentions, it will be useful to reproduce the definitions of 'debt' and 'debtor' contained in Section 2(iv) and (v) and Section 4 with clause (a), which fall for interpretation in this case :- "2. (iv) 'debt' means an advance in cash or kind, whether decreed or not, and includes any transaction which is in substance a debt; (v) 'debtor' means a rural artisan and includes person who owes a debt and - (a) is ordinarily a resident in the State of Punjab; (b) earns his livelihood mainly by working as agricultural labourer; (c) does not own any agricultural land; (d) whose total assets do not exceed in value a sum of rupees fifty thousand. 4. Consequences of commencement of this Act. - Notwithstanding anything contained in any other law for the time being in force or in any contract or other instrument having force by virtue of any such law, and save as otherwise expressly provided in this Act, the consequences as hereinafter set forth shall ensue with effect from the date of commencement of this Act or as the context may require, namely, - (a) every debt owned on the commencement of this Act by a debtor, together with any interest payable thereon shall be deemed to be wholly discharged; ... ... ...".;