M N ABDUL RAWOOF Vs. PICHAMUTHU

JUDGEMENT

(1.) The only question which arises for consideration in this appeal is as to what is the meaning of the expression "not less than Rs. 1200" occurring in the Tamil Nadu Debt Relief Act, 1979 (hereinafter referred to as 'the said Act').

(2.) The father of the respondent had executed a usufructuary mortgage deed in respect of a property in favour of the appellant herein for a sum of Rs. 10,000/- on 25-12-1967. This property was given on lease to some tenants for more than 10 years. Under the provisions of the said Act the respondents filed an application seeking direction that the usufructuary mortgage had been completely discharged. The respondents claimed to be debtors within the meaning of the Act.

(3.) The appellant herein contended that the respondents could not be regarded as debtors within the meaning of S. 3(3) of the said Act inasmuch as the rental value of the respondent's property was as much if not more than what is required under the Act. The District Munsif dismissed the respondents application which was affirmed in appeal. In second appeal, however, the High Court came to the conclusion that the respondents were debtors within the meaning of S. 3(3) of the Act. It came to the conclusion that the annual rental value of Rs. 1200 was not enough to deprive them of the benefit of being regarded as debtors.