BHAGWAN MOTIRAM MALI MAHAJAN Vs. JAYANI SHRIDHAR KHARE

JUDGEMENT

(1.) This revision application filed by original defendant No.1 debtor has been referred to a Division Bench in view of the confilict arising out of two decisions of this court, one given by mridul J. And the other by Kantawala C.J. on the construction of the provisions of Ss. 11 and 12 of the Maharashtra Debt Relief Act, 1975 (hereinafter referred to as :"the Debt Relief Act").

(2.) The plaintiff creditor had filed suit No.101 of 1973 against the applicant debtor for recovery of an amount of Rs.4,329.90 on the strength of a promissory note for Rupees 3,000/-executed by the debtor in favour of the plaintiff on 24h Dec., 1970. In the suit the debtor raised a contention that in view of the Maharashtra Debt Relief Ordinance which was promulgated on 22nd Aug., 1975 which is now replaced by the Debt Relief Act, the debtor was a marginal farmer holding less than 1 hectare of unirrigated land and, therefore, under the provisions of the Ordinance, the debt in question stood discharged and the suit was, therfore, liable to be dismissed. On this application the trial court made an order on 3rd Aug. 1976 as follows: "Reference be made to the proper authority." Accordingly a reference came to be made to the authorised officer.

(3.) It appears that in view of the decision of this court in promod M.Jhaveri v. Sukhdeo Ramratan, the learned Civil Judge suo motu decided to recall the reference and made the following order on 14th Mar., 1978 without hearing the petitioner :