JANARDHANA ACHARY Vs. COMMISSIONER CHICKMAGALUR

JUDGEMENT

(1.) Although this writ petition is listed under the orders list, with the consent of the learned Advocates appearing for both parties, the writ petition is deemed to have been listed for final hearing and heard on merits.

(2.) S. No. 19 of Addada village of Koppa Taulk of Chickmagalur Dist. was granted to the petitioner in the year 1973 under the Karnataka Land Grant Rules. The petitioner entered into an agreement as per Annexure C dt. 5-4 1979 with the 2nd respondent agreeing to sell the said land to him for a sum of Rs. 4,000 and obtained an advance of Rs. 1,000.

(3.) On coming into force of the Karnataka Debt Relief Act, 1980 (the 'Act' for short), the petitioner filed an application before the Asst. Commr., Chickmagalur for redemption of the property subjected under the agreement on the ground that he is a small holder. The petition was forwarded to the Tahsildar, Koppa, for consideration. The Tahsildar after holding an enquiry, passed an order on 18-1-1982 as per Annexure B discharging the sum of Rs. 1,000 taken by the petitioner from the 2nd respondent under the agreement Annexure C holding that it was a 'debt' and that the petitioner is a 'debtor within the meaning of the Act, being a small holder and also a person belonging to the weaker section of the people and directed the 2nd respondent to deliver possession of the land by setting aside the agreement Annexure-C. The 2nd respondent filed an application before the Tahsildar to review the order passed by him on 18-1-1982 but his review petition was rejected by the Tahsildar as per his order dt. 31-7-1982. Followed by the order of rejection of the review petition a notice was issued to the 2nd respondent by the Tahsildar on 10-8-1982 to hand over possession of the land as per the order dt. 18-1-1982.