K PURUSHOTHAMA SHENOY Vs. TAHSILDAR PUTTUR TALUK

JUDGEMENT

(1.) This writ petition is directed against the order of the 1st respondent dated 2-6-1986 under Annexure-A holding that the petitioner is not a debtor within the meaning of the provisions of the Karnataka Debt Relief Act, 1976 (hereinafter referred to as 'the Act').

(2.) Annexure-RI is the mortgage deed executed by the petitioner K. Purushothama Shenoy in favour of the 3rd respondent K. Venogopal Shenoy- The debt under the mortgage deed is a sum of Rs.20,000/-. Under Annexure-R2 which is the statement of the petitioner, it is deposed that the petitioner does not intend to substantiate that the value of the house which belongs to him is less than Rs. 10,000/- in value as against the valuation certificate produced by the 3rd respondent which is to the effect that the market value of the house is Rs. 2,00,000/-.

(3.) In the impugned order of the 1st respondent Tahsildar, specific reference and finding is forthcoming to the effect that as regards the market value of the immovable property owned by the petitioner, it is not less than Rs.10,000/- and, based on that finding, the Tahsildar has inferred that the petitioner does not fall within the category of debtor as under stood under the Act. This finding appears to be in conformity with the provisions of law under the Act and the legal position does not admit tenable controversy.