BHAGWAN SINGH Vs. SAHEB SINGH

JUDGEMENT

(1.) This writ petition involves' the applicability of the U. P. Debt Relief Act. 1977 (the Act) to the legal heirs of a debtor when the debtor was not alive on the date of enforcement of the Act. Are the legal heirs entitled to the benefit of the Act? Are they also 'debtors' within the meaning of the Act? FACTS

(2.) Late Sri Har Prasad had mortgaged his land to one Sri Saheb Singh (the contesting respondent). Sri Har Prasad died without redeeming the mortgage before the enforcement of the Act. His nephews, namely, Sri Bhagwan Singh (the petitioner) and Sri Atar Singh (respondent No. 2), the legal heirs, inherited his property. The contesting respondent filed a suit for recovery of his debt against the legal heirs, which was decreed.

(3.) The contesting respondent started execution proceedings in which the property of late Sri Har Prasad in the hands of the legal heirs was sold on 1.3.1976. The legal heirs filed an objection against the same. During the pendency of this objection, the Act came into force with effect from 21.2.1977. The executing court, by its order dated 26.9.1978, held that the legal heirs are marginal fanners within the meaning of the Act and abated the execution proceedings. The contesting respondent filed an appeal, which was converted into revision. The revisional court allowed the revision on 22.5.1980. Hence the present writ petition. POINTS TO BE DETERMINED