POPATBHAI BHIMJIBHAI KABARIA Vs. RANCHHODBHAI VIRJIBHAI KABARIA

JUDGEMENT

(1.) The petitioner is the creditor. He has filed this petition 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, 2 and 3 owed to the petitioner decretal debt amounting to Rs. 7,500/ -. They applied to the Debt Settlement Officer under the Act in which they contended that on the "appointed day", they were "marginal farmers" and that, therefore, their debt was extinguished. Respondents Nos. 1, 2 and 3 by executing an agreement of sale had charged their land with repayment of the debt which they owed to the petitioner. The Debt Settlement Officer held that respondents No. 1, 2 and 3 were on the "appointed day" "marginal farmers" and that, therefore, their debt was extinguished. He ordered that the agreement of sale which respondents Nos. 1, 2 and 3 had executed in favour of the petitioner had become unenforceable and, therefore, void.

(3.) The petitioner appealed against that award to the Appellate Officer. He dismissed the appeal and confirmed the award.