RAMACHANDRA OMNA MUCHANDI Vs. RAMACHANDRA SHANKAR KULKANDRI

JUDGEMENT

(1.) This Revision is directed against the order dated 10-2-1987 made in Execution Case No. 206/68 on the file of the II Additional Munsiff, Belgaum.

(2.) Petitioner was judgment-debtor No. 4 in the said execution proceedings. He Set up a plea that he was protected from execution proceedings on account of the provisions contained in the Karnataka Debt Relief Act of 1980. In that behalf, the executing court conducted an enquiry as, under the provisions of the Act, the burden of disproving the claims of the debtor is on the decree-holder or the creditor. The facts which were established at the enquiry were that petitioner owned in all only a little over 4 acres of rain-fed wet-land and therefore answered to the description of a small farmer as defined under the said Act. It was also found, as admitted by the judgment-debtor himself, who was D.W. 1 at the enquiry, he owned a site measuring 100'X37' in Gondhaligalli, Belgaum City. After discussing the evidence on record, the Executing court came to the conclusion that the petitioner was not a debtor within the meaning of that expression and therefore was not entitled to the relief provided under Section 4 of the Act.

(3.) In this Court, the Revision Petitioner contends that the Court ought to have ignored the fact that that the petitioner was owner of any substantial property in Belgaum City as long as it came to the conclusion that he was a small former and therefore entitled to the relief.