RAMACHANDRAN Vs. ALAMELAMMAL

JUDGEMENT

(1.) THE defendants in O.S. No. 176 of 1987 on the file of District Munsif Court, Hosur are the appellants in the above Second Appeal. Though, they succeeded before the Trial Court, they were unsuccessful before the lower Appellate Court. Being aggrieved by the judgment and decree dated 31.3.1993 passed in A.S. No. 13 of 1991 on the file of the Sub-Court, Krishnagiri, the defendants have filed the above Second Appeal.

(2.) FOR the sake of convenience, the parties are referred to as they are arrayed in the suit.

(3.) THE lower Appellate Court framed the following point for consideration, namely: "I. Whether the judgment of the Trial Court dismissing the suit holding that the first defendant is entitled to the benefits under the Debt Relief Acts is correct"" THE lower Appellate Court on a consideration of the oral and documentary evidence on record and the judgment of the Trial Court and the relevant provisions of the Tamil Nadu Debt Relief Act (Act 31 of 1976) came to the conclusion that the first defendant is not entitled to the benefits under the provisions of the Tamil Nadu Act 31 of 1976, as he will not come under the definition of 'small farmer" and allowed the Appeal.