MERRY MUTTU Vs. TAHSILDAR HUNSUR

JUDGEMENT

(1.) THIS Writ Petition is presented by the petitioner praying for quashing the order of the Taluka Magistrate and Tahsildar, Hunsur under the provisions of Karnataka Debt Relief Act, 1980.

(2.) THE facts of the case in brief are as follows : The 2nd respondent made an application before the Taluka Magistrate Hunsur under Section 4 of the Act stating that the house belonging to her mother had been mortgaged in the year 1951, in favour of the petitioner as security for repayment of debt of Rs. 250/ - and that as she was a debtor as defined under the Act she was entitled to a declaration that the debt stood discharged and also for a further direction for re -delivery of possession of the house to her. The Tahsildar granted that application. Aggrieved by the order the petitioner has presented this petition.

(3.) THE Writ Petition has been referred to a Division Bench, in view of the point raised by the petitioner that the house property belonged to the mother of the 2nd respondent, and it was her mother who mortgaged the said property in favour of the petitioner in the year 1951, and therefore the 2nd respondent as a legal representative of her deceased mother was not entitled to make an application under the provisions of the Act, as the Learned Judge was of the view that the two Judgments rendered by Learned Single Judges which supports the contention of the petitioner required re -consideration.