CHINTHA SAVITRAMMA Vs. BUDDARAJU SIVAKUMARI DEVI

JUDGEMENT

(1.) The petitioner herein is the judgement - debtor in O. S. 558 of 1973, Principal District Munsifs Court, Narsapur. She filed a petition under S.4 (2) (a) of the A. P. Agricultural Indebtedness (Relief) Act, (Act No. 7 of 1977) referred to in this judgment as the Act contending that she is a small farmer and that she in entitled to a declaration that the decree debt shall be deemed to be wholly discharged. She claimed that she was possessed of 1 acre out of 4 acres. 95 cents in R. S. No. 239 and she had no other income. This application was opposed on the ground that the petitioners husband was doing business in rice and was earning more than Rs. 8000.00 per annum and hence the petitioner is not a small farmer within the meaning of Act 7 of 1977. The learned District Muncie after considering the evidence adduced in the case held that the petitioners husband was getting an annual income of RS. 5000.00 or RS. 6000.00. He therefore held that though the petitioner was entitled only to 1 acre of land, the application has to be rejected as her husbands income was more than RS. 5000.00. In the result he dismissed the petition with costs.

(2.) The petitioner in the lower Court filed the present revision-petition challenging the correctness of the said order. When it came before Divan Reedy. J. he directed this revision-petition to be posted before a Full Bench as he was of the view that the decision of a Division Bench of this Court in S. Laxamana Rao .DC Papaya Raja (1980) 1 APPLE 228; (AIR 1980 And PRA 191) is not correct.

(3.) Section 4 of the Act provides that every debt, including interest, if any, owing to any creditor by an agricultural labourer a rural artisan or a small farmer shall be deemed to be wholly discharged. The Petitioner claims that she is a small farmer within the meaning of S.3 (t), which is as follows;