CHIKKEERAIAH Vs. H M BASAPPA

JUDGEMENT

(1.) THIS is a revision by the judgment debtor against the order dated 26 -9 1981 passed by the Munsiff, Tiptur, in Ex No. 1.12/1979 dismissing LA. III filed by the judgment -debtor under Section 11(2) of the Karnataka Debt Relief Act, 1980(hereinafter referred to as the 'Act').

(2.) IT is undisputed that the judgment debtor had filed an application under the provisions of Karnataka Debt Relief Ordinance 1979 (hereinafter referred to as the ('Ordinance') alleging that he was a 'small farmer' within the meaning of the Ordinance and that his debt stood wiped -off. It was held that he was not a 'small farmer' as he held more than one unit of land and taking this view, the application was dismissed. Thereafter, the Karnataka Debt Relief Act, 1980 was brought into force. The Act repealed the 1979 Ordinance. 'Small Farmer' as defined in the Ordinance reads as follows : 'Small farmer' means a person who on the date of commencement of this ordinance holds whether as owner, tenant, or mortgage with possession or partly in one capacity and partly in another not more than one unit of land and who has no income from any source other than agriculture." Therefore, the definition of 'small farmer' given in the Ordinance required that in order to become a 'small farmer', a person should not hold more than one unit of land. Now under the 1980 Act, 'Small 4/8/2014 Page 2 of 2 Farmer' has been defined as follows : " 'Small Farmer' means a person who on the date of commencement of this Act, holds whether as owner, tenant or mortgagee with possession or partly is one capacity or partly in another not more than two units of land, the annual income from which does not exceed Four thousand Eight Hundred Rupees and who has no income from any sources other than agriculture." Therefore, the definition of 'small farmer' has been widened by the K.D.R. Act, 1980. The definition of 'small farmer' under the 1980 Act appears to be slightly different from the one found in the Ordinance. Under the 1980 Act, a person should not hold more than 2 units of land and the annual income from the said land should not exceed Rs. 4800/ - and he should not have any income from any other source. The income limit is not to be found in the definition of 'small farmer' given in the Ordinance. Therefore, 'small farmer' as defined by 1980 Act is different from 'small farmer' as defined by 1979 Ordinance.