RAM ADHIN SINGH Vs. DISTRICT JUDGE MIRZAPUR

JUDGEMENT

(1.) -Heard Sri A. K. Singh advocate, holding brief of Sri Sankatha Rai, on behalf of the petitioner, Dr. G.S.D. Mishra advocate on behalf of the respondent Nos. 3 and 4 as well as learned standing counsel on behalf of respondent Nos. 1 and 2.

(2.) SHRI Daya Shankar Singh the respondent No. 3 filed Original Suit No. 26 of 1973 for the relief of recovery of money advanced by the petitioner on the basis of a pronote of Rs. 150 against the petitioner. The suit was decreed ex parte on 26th November, 1974. The aforesaid decree was put to auction on 7.4.1978. Petitioner filed objection under Section 47 of the Code of Civil Procedure on the ground that petitioner was a farmer and the total holding of the petitioner was less than 1 hectare and annual income the petitioner was less than Rs. 2,400 and, therefore, the petitioner being a marginal farmer is entitled to the benefits of the U. P. Debt Relief Act, 1977. Section 22C of the said Act, as such, bars the execution of a decree of civil court in relation to the debt of the petitioner. The objection so, filed by the petitioner was rejected by the Munsif vide judgment and order dated 27.11.1990 after recording a finding that the total holding of the petitioner was more than 1 hectare and as such the petitioner was not a marginal farmer rather the petitioner only answered the description of small farmer as contemplated by the provisions of Section 2 (11) of the Debt Relief Act.

(3.) THE said finding of the learned District Judge is patently erroneous and based on non-consideration of the findings recorded by the learned Munsif in his order dated 27.11.1980, whereby the objections filed by the petitioner under Section 47 of the C.P.C. were rejected. For ready reference the findings recorded by the learned Munsif in the order dated 27.11.1980 read as follow : ...[VERNACULAR TEXT OMMITED]...