PREM SINGH Vs. DERIHA

JUDGEMENT

(1.) Petitioner/decree holder has preferred this petition under Article 227 of Constitution of India challenging the order passed by the Executing Court, First Additional District Judge, Bilaspur on 3/12/1990 in Execution Case No.17-B/1978. By the said order the executing court has closed the execution proceedings on the ground that after coming into operation of the Chhattisgarh Gramin Rin Vimukti Adhiniyam, 1982, the execution proceedings for recovery of a debt against a marginal farmer cannot be continued consequent to the provision contained in Section 3 thereof.

(2.) It appears the petitioner/decree holder filed a suit bearing Civil Suit No. 17-B/1978 for recovery of Rs.12,500/-in which a decree was passed in his favour and the said decree was sought to be executed by moving an execution application under Order 21 of the CPC. During pendency of the execution application the said Adhiniyam, 1982 was enacted and the same came into force on 22/01/1983. The judgement debtors thereafter moved an application under Section 3 of the Adhiniyam on the ground that the entire agricultural land belonging to the judgement debtors were acquired by the State Government for Hasdeo Bango Project and the petitioner has received compensation, however, he has become landless and is thus a marginal farmer as defined under Section 2 (g) of the Adhiniyam, therefore, by virtue of provision contained in Section 3 (b) (c) of the Adhiniyam the execution cannot proceed against him.

(3.) The executing court has allowed the application and has closed the execution proceedings.