H M JAYAPPA Vs. PRASANNAPPA

JUDGEMENT

(1.) This Criminal Revision is filed under S. 397 of the Code of Criminal procedure against the order dt. 26-2-1982 made by the Taluka Magistrate Malavalli in case No. KDR 1 of 1981-82 ordering the release of the respondent from his debt as per S. 4(a) of the Karnataka Debt Relief Act, (hereinafter refered to as the Act')

(2.) One Prasannappa, son of Channappa of Huskur Village, applied to the Tahasildar & Taluka Magistrate, Malavalli, alleging that he was a debtor under the Act. He further averred that he has a house in Huskur Village and that it was mortgaged in favour of Jayappa, son of Malakappa of the same village by a registered mortgage deed dt. 15-10-1974. Hence, he prayed that he should be put back in the house free of mortgage as the debt stands extinguished under the provisions of the Act. His application was submitted to the Taluka Magistrate on 24-4-1979.

(3.) The Taluka Magistrate on hearing, by his order dt. 10-3-1980 made in Case No. KDR 9 of 1979- 80 held :