JEEVENDRA NAINAR Vs. KANAKAMMAL

JUDGEMENT

(1.) THE petitioner Jeevendra Nainar, it is said, borrowed a sum of Rs.3,000 from the first respondent, Srimathi Kanakammal, wife of Krishnaji Reddiar on 21.7.1966 and executed a mortgage in her favour by mortgaging certain items of his landed properties. THE first respondent appeared to have filed a suit in O.S.No.1715 of 1981 on the file of the District Munsif, Tindi-vanam on the said mortgage and obtained a decree therefor.

(2.) THE petitioner appeared to have filed an application under Sec.6 of the Tamil Nadu Debt Relief Act, 1980 (Tamil Nadu Act 13 of 1980, for short "the Act") before the second respondent the Special Tahsildar, Debt Relief, Tindivanam, praying for release of the mortgaged properties. THE second respondent dismissed the said application. Consequently, aggrieved by the order of the second respondent, the petitioner preferred an appeal to the third respondent, the Sub- Collector, Tindivanam under Sec.8 of the Act, who in turn on consideration of the materials available on record also dismissed the appeal concurrent with the view of the second respondent.