RAJA GOUNDER Vs. RAMASWAMY

JUDGEMENT

(1.) THE revision petitioners are defendants respondents in E.P.No.64 of 1986 before the learned District Munsif of Tiruchengode in a suit O.S.No.1432 of 1978 which was decreed by the Sub Court, Salem. THE decree-holder filed that E.P. for realising the decree amount. THE revision petitioners who are the defendants in the suit opposed the execution petition mainly on two grounds i.e., they are entitled to the benefits of Tamil Nadu Agricultural Debts Relief Act 31 of 1976 and Tamil Nadu Debt Relief Act 13 of 1980.

(2.) ON a perusal of the order of the trial court, I find that the trial court has found that the revision petitioners who as the defendants in the suit raised the plea that they are entitled to the benefits of Tamil Nadu Act 31 of 1976; but their plea was rejected. This finding of the executing court is not questioned before me by the learned counsel for the petitioner. Therefore, it is no more open to the petitioners to rely upon the provisions of the Tamil Nadu Act 31 of 1976 and claim that they are small farmers not liable to pay the decree amount.