B VASUDEVA RAO Vs. K LAXMINARAYANA

JUDGEMENT

(1.) This revision by the decree-holder is directed against the order dated 3-1-1979 passed by the Principal Munsiff, Udupi in Execution Case No. 174 of 1976, holding that the execution petition abated.

(2.) The decree-holder sold some lands to one Sharadamrna on 9-9-1959 by a registered sale deed for Rs. 10,000/-. Sharadamma did not pay the entire consideration. She paid Rs. 6,250/- to the decree-holder towards the consideration and thus the remaining amount of Rs. 3,750/- remained in her hands as unpaid purchase money. Sharadamma in turn sold a portion of the property (purchased by her) to the judgment-debtor K. Lakshminarayana Bhatta under a registered sale deed Exh. D.1 dated 15-2-1965 for Rs. 4,000/-. By that sale deed, she left Rs. 3,750/- in the hands of the judgment-debtor for paying it to the decree-holder towards the unpaid purchase money. The judgment-debtor in turn sold a portion of the property purchased by him to one Nerva Poojary, with a direction that he should pay Rs. 1,500/-, out of the unpaid purchase money of Rs. 3,750/- to the decree-holder. It is undisputed that Nerva Poojary paid Rs. 1,500/- to the decree-holder towards the unpaid purchase money. It is also undisputed that the judgment-debtor has paid Rs. 500/- to the decree-holder. Thus in all Rs. 2,000/- has been paid towards the unpaid purchase money out of Rs. 3,750/-. The decree-holder filed a suit against the judgment-debtor in order to recover the remaining amount and obtained a decree. He sued out execution in present Execution Case No. 174 of 1976 in order to recover the said decretal dues.

(3.) The judgment-debtor resisted the petition raising various grounds and he especially urged that he was a debtor within the meaning of the Karnataka Debt Relief Act, 1976 and that under S.4 of the said Act the debt stood wiped out and the proceedings thus stood abated.