GOPALAKRISHNA NARAYANA HEGDE Vs. VENKATARAMANA NARAYANA BHAT

JUDGEMENT

(1.) This is a revision by the decree holder against the order dated 2-9-1980 passed by the Munsiff, Sirsi, in Execution Case No. 30 of 1978 holding that judgment debtor-1 is a *CRP No. 2278 of 1981 dated 22nd February 1985 debtor within the meaning of the Karnataka Debt Relief Act and thus he dismissed the execution.

(2.) The decree holder sued out execution against Judgment-Debtor-1 and another for recovery of money. Judgment-Debtor-1 contended that he was a small farmer and a person belonging to the weaker sections of the people within the meaning of the Karnataka Debt Relief Act and thus the decree debt stood wiped out.

(3.) The lower Court held that Judgment-Debtor 1 was not a person belonging to the weaker sections of the people. But it held that he was a small farmer within the meaning of the Karnataka Debt Relief Act and thus it dismissed the execution. Hence the revision by the decree holder.