SURESH PAWN BROKERS NELLORE Vs. APPELLATE TRIBUNAL CONSTITUTED

JUDGEMENT

(1.) What are the conditions prerequisite for a debtor to invokb the jurisdiction of the Tribunal under section 5 of the Andhra Pradesh Agricultural Indebtedness Relief Act, 1977 (hereinafter referred to as the Act')? is the question that requires to be answered in this application under Article 226 of the Constitution of India.

(2.) One Budigi Parandhamaiah of Naidupet filed an application before the Tribunal constituted under the Act under section 5 (2) of the Act for the issue of an order for the delivery of movable property alleged to have been pledged by him with M/s. Suresh Pawn Brokers, Nellore, Parandhamaiah claimed that he pledged jewels weighing 338-500 Grams in all and borrowed a sum of Rs, 12,500 on 30th April, 1974 from M/s. Suresh Pawn Brokers, Nellore. According to him, after the Act came into force on 29th December, 1976, he claimed that he was a small former and was therefore entitled to the relief and to the return of the pledged property on the ground that the debt stood discharged under section 4 (1) of the Act.

(3.) M/s. Suresh Pawn Brokers is a firm licenced to do money-lending business at Nellore. Its partner, Mohanlal denied the very pledge of the jewellery and the debt. In short, M/s. Suresh Pawn Brokers pleaded they were not the creditors. Thereupon Parandhamaiah filed a complaint before the Second Additional Judicial First Class Magistrate, Nelloe, on 2nd November, 1979, The Magistrate took the case on file under section 420, Indian Penal Code, and issued summons to the accused to appear and answer the accusation. It appears, the said case is still pending.