RAYAPPA TIMMAPPA HULEKAL Vs. ANNAPURNABAI

JUDGEMENT

(1.) The present revision by the decree-holder arises out of the order dated 20th October, 1978 passed by the Prl. Munsiff, Sirsi, in Execution 79/76, dismissing the executi petition.

(2.) The decree-holder had filed a suit in the year 1969 against the present Judgment debtors ('Jdr' for short) 1 to 3 alleging that one Vishweshwar Subray Hegde was due money to him at the foot of the account opened by him in his shop. Jdr. No.1 is the mother of the borrower; Jdrs.2 and 3 are the brothers of the borrower, Vishweshawar. The Jdrs. were sued by the plaintiff-decree holder. The decree-holder filed the suit against the Jdrs. as the L.Rs of Vishweshwar as Vishweshwar had died much prior to the filing of the suit in 1969. The said suit was decreed against the Jdrs. In the appeal R.A. 6/72, the decree was modified in respect of the amount and the decree was passed for Rs.4510-10 only. It was ordered to be recovered out of the share of Vishweshwar, which had come in the hands of Jdrs.

(3.) The decree-holder sued out execution against the Jdrs. for recovery of the said decretal amount. Jdrs. raised a contention that the borrower was a 'debtor' within the meaning of the Karnataka Debt Relief Act, 1976 and as such the debt stood wiped out. The said contention appealed to the Munsiff, Sirsi and he held that Vishweshwar was a 'debtor' within the meaning of the Karnataka Debt Relief Act, 1976 (For short, 'the Act') and thus the amount in question stood wiped out and ultimately he dismissed the execution. Hence, the revision by the decree-holder.