N SHIVAKUMAR Vs. SUDARSHAN TRADING CO LTD

JUDGEMENT

(1.) This is a revision by judgement-debtor No. 1 (a) against the order dated 4-10-1978 passed by the Munsiff, Nanjangud, in Execution Case No. 426 of 1975, holding that the amount, for the recovery of which the execution is levied, does not amount to a debt within the meaning of Karnataka Debt Relief Act, 1976.

(2.) The decree holder levied execution for the recovery of the amount decreed against the original debtor N Shiva kumar, the husband of judgment debtor No. 1 (a) and father of judgment-debtor No. 1 (b) Nanjundaswamy. The execution has been levied in order to proceed against the property left by the deceased judgment debtor.

(3.) Judgment debtors 1 (a) and 1 (b) contended that they were debtors within the meaning of the Karnataka Debt Relief Act, 1976 and thus the decree debt stood wiped out.