JHALA MANSANGJI KALYANSANGJI Vs. MAHOBATSANG MADARSANG JHALA

JUDGEMENT

(1.) The petitioners who are residents of village Nana Anklewalia in Lakhtar taluka of Surendranagar district have preferred this petition under Article 227 of the Constitution of India seeking to challenge the appellate order passed under the provisions of the Gujarat Rural Debtors Relief Act 1976 by the appellate authority confirming the original order passed by the Debt Settlement Officer Surendranagar in favour of respondent No. 1. A few facts leading to this petition may be stated at this stage.

(2.) Respondent No. 1 filed an application under sec. 6 (1) of the Gujarat Rural Debtors Relief Act 1976 (hereinafter referred to as the Act) before the Debt Settlement Officer Surendranagar on the basis that he is a marginal farmer within the meaning of the term given in the said Act. The said application was registered as case No. Adesh/Lakhtar- 18.93 and it was filed against petitioner No. 1 Mansangji Kalyansang and two others namely Pirbhai Tarabhai and Hiralal Maganlal. However by a compromise purshis Ex. 4 the said respondent withdraw his case against Pirbhai Tarabhai and Hiralal Maganlal and proceeded with the case only against petitioner No. 1.

(3.) During the pendency of the proceedings before the Debt Settlement Officer it was pointed out by petitioner No. 1 that the mortgage in question was executed by the respondent in favour of petitioners Nos. 2 and 3 herein who were respectively his son and nephew. It appears that no notice were issued to these two petitioners by the Debt Settlement Officer during the course of the inquiry conducted by him. But petitioner No. 2 voluntarily appeared and gave his statement. The Debt Settlement Officer thereafter passed his order on 22-12-1978 and held the respondent to be the marginal farmer and it was further held that he was indebted to the tune of Rs. 10900.00. He was absolved from the liability to pay the said debt.