GOWRAMMA Vs. TALUK MAGISTRATE AND TAHSILDAR

JUDGEMENT

(1.) being of the opinion that the decisions of this Court in Rame Gowda v Sarojamma 1980 (1) Kar. L.J., page 345 and N. Shivakumar v M/s. Sudarshan Trading Co. Ltd. I.L.R. 1984 (2) Karnataka, page 914 may require reconsideration, has referred the case to a Division Bench.

(2.) Before considering the ratio of the aforesaid decisions, we may briefly refer to the facts of the case on hand. The facts are these : On January 10, 1969, one Devaiah of Marenahally village, Malavalli Taluk, had borrowed Rs. 6000/- from Gowramma, upon hypothecating his house property under a registered mortgage deed. On October 21, 1976, the KARNATAKA DEBT RELIEF ACT, 1976, 1976 (Act No. 25/ 76) (in short "the Act") was brought into force. The Act was intended to provide relief from indebtedness to certain class of debtors like small farmers, landless agricultural labourers and persons belonging to weaker sections of the people. On May 12. 1977, Devaiah died without redeeming the mortgage. On November 6, 1979 Ningamma, wife of Devaiah (2nd respondent herein) filed an application under Section-4 of the Act, contending, inter alia, that she is a debtor as defined under the Act and the property mortgaged by her husband should be delivered to her free from encumbrance. The Tahsildar, Malavalli Taluk, before whom the application came up for consideration held that Ningamma is a debtor eligible for the relief under the Act. He directed Gowramma, the mortgagee to restore the property in favour of Ningamma. The order was made in terms of Section 4 (f) of the Act That order was challenged by Gowramma in the aforesaid writ petition which has been referred to a Division Bench for disposal.

(3.) We may now turn to the decision of this Court in Rame Gowda's case. There the facts are these : One Chikkavarada Setty and his sons together mortgaged 20 guntas of land out of Sy. No. 36/4B for Rs. 3000/- by executing a registered dee'd dated May 16, 1974 in favour of Rame Gowda. On June 4, 1975, Chikkavarada Setty executed a Will bequeathing the said land in favour of his grand-daughters. On October 10, 1975 Chikkavarada Settydied. On October 21, 1975, the KARNATAKA DEBT RELIEF ACT, 1976, 1976 came into force. The legatees under the said Will, who were minors, represented by the next friend mother approached the Tahsildar contending that they are debtors as defined under the Act and entitled to get back the mortgaged property free from encumbrance. The Tahsildar, after an enquiry,. acceded to the demand of the legatees and directed delivery of possession of the property in their favour." The validity of that order was the subject matter of the writ petition filed by Reme Gowda. This Court while disposing that matter observed at page 346 thus :