LAWS(MAD)-1988-10-26

NALLAMMAL Vs. SANGILI MOOPAN

Decided On October 14, 1988
NALLAMMAL Appellant
V/S
SANGILI MOOPAN Respondents

JUDGEMENT

(1.) DECREE-holder in O. S. No. 544 of 1978 on the file of district Munsifs Court, Peramalur is the petitioner, and the judgment-debtor is the respondent. In execution of a money decree obtained, the properties of the respondent were attached and brought to sale in execution proceedings. It was at that stage, E.A. No. 14 of 1981 was filed under S. 4 (1) (a) of Tamil Nadu Act 13 of 1980, claiming benefits under the Act. Petitioner claimed that respondent owns 46 cents of nanja land, which is fed with water from a nearby lake, and there is also a well with motor and pumpset. Apart from it, he owns 2/2 acres of land, which is also cultivated with well water with the help of an oil engine. An annual income of Rs. 12 ,000 is derived, from and out of those properties worth about Rs. 75,000. He also owns a house property situated on the main road of a value of Rs. 10 ,000. Therefore, the provisions of the act would not apply to him.

(2.) THE executing Court held that respondent owns 3. 32 acres of nanja and punja lands, which is lesser than 5 acres of irrigated lands, as mentioned in s. 3 (d) (v) of Tamil Nadu Act 50 of 1982, and the total value of the properties is only Rs. 14,000 and the income there-from is only about Rs. 2,500 annually, and therefore, he is entitled to the benefits of Tamil Nadu Acts 13 of 1980 and 50 of 1982, and hence, the entire decree amount is wiped out.

(3.) THERE is nothing to indicate or infer from the explanation that its applicability is confined only to cases wherein relief is grantable by constituted authorities under the Act. Provisos ( vi ) and (vii) could be availed of by debtors, who seek benefits under the Act, irrespective of the fact whether the matter is one which comes up before the constituted authority or in a Civil Court .