BALUBHAI JETHABHAI SHAH Vs. CHHAGANBHAI BAMANBHAI

JUDGEMENT

(1.) This group of 3 petitions raises common questions of law and facts and can be conveniently dealt with together. The petitioners have, in all these 3 matters, challenged the orders of the Respondent Nos. 2 District Registrars of Co-operative Societies and Appellate Authority whereby the orders issuing certificates under Sec. 8(3) of the Gujarat Rural Debtor's Relief Act, 1976 (hereinafter referred to as "the Act") by the Debt Settlement Officer, in favour of the first respondents were confirmed.

(2.) Before dealing with the various legal contentions in these matters, the facts of each of these petitions may be set out.

(3.) In Special Civil Application No. 788 of 1980, the respondent No. 1, who had made an application for obtaining relief under the said Act in respect of his debt of Rs. 3,000.00, stated that he had mortgaged the land in favour of the petitioner and that since he was a marginal farmer his debt should be discharged. The Debt Settlement Officer came to the conclusion that the respondent No. 1 was a marginal farmer and that having regard to the nature of the transaction it was a mortgage by conditional sale. The respondent No. 1 was therefore entitled to obtain the certificate of discharge of debt. An appeal which was preferred against this order was dismissed by the District Registrar of Co-operative Societies and the Appellant Authority, the respondent No. 2 herein and the certificate issued by the Debt Settlement Officer under Sec. 8(3) of the said Act was confirmed. Admittedly, the registered document dated 9/05/1975, which was executed in this matter, contains a condition that the land in dispute was to be handed over on the Akhatrij of any of the years within 10 years from the date of deed on the refund of Rs. 2,700.00 being the amount earlier described as consideration under the deed. It is recorded that, on the refund of the amount, the land is to be returned.