RAJANA VENKUNAIDU Vs. MANUGULA KODADU

JUDGEMENT

(1.) This revision gives rise to an important question of law whether a transferee-deree-holder is entitled to realise the decree debt from a 'debtor' contemplated by the A P Agricultural Indebtedness (Relief) Act 1977 (hereinafter referred to as 'Act 7 of 1977') on the ground that he too is a small farmer.

(2.) This revision has come up before us on a reference made by a learned single Judge in view of the conflicting views expressed by two different learned Judges in Satyanarayana Vs. Venkatanarasayya (1) 1984 (1) ALT 148 and Seshamma Vs. Basavaiah (2) 1984 (1) A P L J 264 = 1984 (1) ALT 32 on the issue involved.

(3.) The petitioner in this revision is a transferee decree-holder. The judgment-debtors against whom the petitioner initiated execution proceedings sought to take shelter under the provisions of Act 7 of 1977 by claiming that they are small farmers and therefore the debt under the decree gets discharged and the proceedings stand abated. This claim was countered by the petitioner on the ground that he too is a small farmer and therefore entitled to realise the debt under the decree transferred in his favour for valuable consideration. The Court below though found the petitioner to be a small farmer as also the judgment debtors dismissed the execution petition on the ground that the original decree- holder from whom the debt in the suit proceedings was contracted was not a small farmer. It is against that order the present revision is filed.