V MUTHUVEL MUDALIAR Vs. P PUNYAKOTI NAIDU

JUDGEMENT

(1.) FAILING in his attempt to get himself declared as a debtor entitled to protection under the Tamil Nadu Debt Relief Act 40 of 1979, before the Civil Court, the petitioner now seeks to invoke the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution to seek the issue of a writ of declaration declaring section 3 (3) (iii) of the Tamil Nadu Debt Relief Act 40 of 1979 to be ultra vires the Constitution and void and to strike it down an unconstitutional.

(2.) THE petitioner is the owner of a house property bearing door No. 40, Kumaraswami Mudali Street, Perambur , Madras 11. THE petitioner created a simple mortgage over a portion of the property in favour of the first respondent for a sum of Rs. 6 ,000 under a registered mortgage deed of the year 1966. Subsequently, he created another mortgage over the said property in the year 1967 in favour of the second respondent, who is none other than the son of the first respondent, for a sum of Rs. 6 ,500. Respondents 1 and 2 filed suits to enforce the mortgages and have obtained preliminary and final decrees. Besides taking up a defence that the mortgages were not fully supported by consideration, the petitioner also raised a plea that he is entitled to claim protection under the. Tamil Nadu Debt Relief Act 40 of 1979. He raised such a plea on the ground that his annual rental income was below Rs. 2 ,400. THE trial judge rejected the claim on the ground that since the petitioner is owning a house property which is being assessed to house tax on the basis of the annual rental value of not less than Rs. 1 ,200 , the petitioner is not entitled to claim protection under the Act. THE petitioner challenged the order of the trial Judge before the Appellate Judge by filing a civil miscellaneous appeal; but the Appellate Judge too dismissed the appeal, rejecting the petitioners contention. Having failed before the Civil Courts, the petitioner wants to attack the constitutional validity of Section 3 (3 ) (iii) of the Act as unconstitutional.