MUKBDEO SINGH Vs. KAUSHALYA DEVI
LAWS(PAT)-1979-4-26
HIGH COURT OF PATNA
Decided on April 27,1979

MUKBDEO SINGH Appellant
VERSUS
KAUSHALYA DEVI Respondents

JUDGEMENT

Hari Lal Agrawal, J. - (1.)The decree-holder, aggrieved by the order of the executing court holding that his execution case abated under sections 3 (a) and 3 (c) of the Bihar Debt Relief Act, has failed the present application. The facts : The petitioner obtained a money decree against one Mukhan Singh, his brother Rama Singh and his son Jamuna Singh from the 1st Court of Munsif, Sasaram, for more than Rs. 1076 on 23.11.1974. On 11.7.1974,he put the decree into execution against the judgment-debtors and proceeded against their landed properties. Mukhan Singh, however, died during the pendency of the execution case and was substituted by his widow Mst Kaushalya Devi and his other two sons. On 25.2.1977 a petition was filed on behalf of the judgment-debtors that inasmuch as they were in possession of less than 2 acres of unirrigated lands, they were scheduled debtors within the meaning of clause (b) of section 2 of the Bihar Debt Relief Act and, therefore, the execution proceeding should abate under clause (c) of section 3 of the Act.
(2.)Before proceeding to examine the case on its merit. It may refer to some of the relevant provisions of the Act. This Act has bean promulgated, as would appear from its very preamble, for providing relief from indebtedness to the small and marginal farmers etc. Section 2 (b) defines scheduled debtor as "a person who is a small farmer, or a marginal farmer, or a rural artisan, or an agricultural labourer, who is ordinarily resident in the State of Bihar".
(3.)In this case we are concerned with a small farmer, which has been defined in clause (c) to mean "a farmer who owns land measuring not more than one acre of irrigated land or two acres of unirrigated land. "The area has been just doubled under the proviso if the small farmer belonged to any of the scheduled tribes. The Judgment-debtors in this case, however, do not fall under scheduled tribes.


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