K CHIKKABALUSA Vs. S NAGARAJU

JUDGEMENT

(1.) In order to appreciate the controversy the facts in Writ Appeal No. 354/83 may be noticed: K. Chikkabalusa and Smt. Gangobai have filed this appeal against the judgment of a learned single Judge of this Court dated 4th February 1983 by which Writ Petition No. 16014/81 filed by them has been dismissed.

(2.) Appellant-1 had mortgaged the property in dispute to respondent-1 S Nagaraju After the coming into force of the Karnataka Debt Relief Act, 1976, (Karnataka Act No. 25 of 1976), (hereinafter referred to as '1976 Act'), an application dated 22-12-1976 was filed by appellant-1 claiming relief on the plea that he was a debtor as defined in that Act. That application was allowed by the Executive Magistrate vide his order dated 24-9-1977 and it was declared that the debt was discharged and the property should be redeemed. Feeling aggrieved by that order, respondent 1 filed Writ Petition No. 3536/78 in this Court on the plea that the relief was granted to appellant-1 without holding a proper enquiry. The writ petition was allowed and the matter was remitted for fresh disposal in accordance with law. After holding a fresh enquiry, the Executive Magistrate vide his order dated 8-4-1981 rejected the application of appellant-1. The appellants filed Writ Petition No. 16014/81 calling in question the legality of the said order dated 8-4-1981.

(3.) The learned single Judge on considering the entire matter in depth, has found that the application filed prior to the promulgation of Karnataka Debt Relief Act, 1980, (Karnataka Act No. 29 of 1980), (hereinafter referred to as "1980 Act') has to be disposed of in the light of the provisions contained in the 1976 Act, and that appellant-1 cannot be treated as a person belonging to 'weaker sections'. In view of these two findings the learned Single Judge, as earlier observed, has dismissed the writ petition.