R JEYA JOTHI Vs. AVUDAI

JUDGEMENT

(1.) THE above revision is directed against the order dated 4.3.1993 in E.P.No.94 of 1991 in O.S.No.23 of 1979 on the file of the learned District Munsif, Aranthangi.

(2.) THE revision petitioner is the decree holder who filed E.P.No.94 of 1991to execute the decree made in O.S.No.23 of 1979 dated 7.4.1989. However, the same was objected by the respondent judgment-debtor claiming that he is a debtor within the meaning of the Tamil Nadu Debt. Relief Act 13 of 1980 and 50 of 1983 and prayed for the benefit under the said Act stating that he is owning 1.83 acres of wet land, which is worth about only Rs. 15,000.

(3.) IT is well settled in law that the initial burden is on the person who claim benefit under the Act. Even to claim benefit under the Act before the Tahsildhar, under section 5(b) (ii) the debtor is expected to file a certificate from the concerned authority as to the annual households income of such debtor. Only if the respondent proves with necessary documentary evidences, the burden is shifted on the revision petitioner decree holder to prove that the respondent is not entitled for the benefit of the Act. In the instant case, except the statement of the respondent that the value of the property is worth about Rs. 12,000 I do not find any other evidence on record to prove that the value of the property measuring about 1.85 acres is worth about Rs. 12,000. Therefore, I am obliged to set aside the finding of the learned District Munsif dated 4.3.1993 made in E.P.No.94 of 1991 in O.S.No.23 of 1979. The revision petition is allowed and remitted back to the learned District Munsif, Aranthangi, with a direction to permit both the parties to adduce necessary evidence to ascertain the value of the said property as well as the annual household income of the respondent judgment debtor and to pass appropriate order within three months from the date of receipt of a copy of this order. No costs.