BHAVSING KANDHAJI RAJPUT Vs. BAPALBHAI MASTIBHAI KHOKHAR

JUDGEMENT

(1.) The petitioner is the creditor. He has filed this peti- tion in which he is challenging the award made by the Debt Settlement Officer under the Gujarat Rural Debtors Relief Act 1976 and confirmed by the Appellate Officer.

(2.) Respondent No. 1 made an application to the Debt Settlement Officer for extinguishment of his debts or for scaling them down under the Gujarat Rural Debtors Relief Act 1976 The debt which he owed to the petitioner amounted to Rs. 2 690 He claimed to be a small farmer within the meaning of that expression given in sec. 2 (p) of the said Act. The Debt Settlement Officer recorded the conclusion that on the appoi- nted day respondent No. 1 was a small farmer and that his debt was extinguished under sec. 3 of the Act.

(3.) The petitioner appealed against that award to the Appellate Officer. The Appellate Officer confirmed the finding that respondent No. 1 was a small farmer In the appointed day and scaled down that debt to Rs. 1 400 which was ordered to be paid to the petitioner in ten equal instalments without interest. He also ordered the petitioner to return forthwith to respondent No. 1 the security which he had given to the petitioner in order to secure the repayment of debt.