VEMULA RAMACHANDRAIAH Vs. CHENNABOINE AILAIAH

JUDGEMENT

(1.) This Revision by the plaintiff under section 115 of the Code of Civil Procedure is directed against the order in LA.No. 389 of 1975 in O.S. No. 171 of 1975 passed by the learned District Munsif, Mahabubabad, on 29th December, 1976.

(2.) This is a matter arising under the provisions of the Andhra Pradesh Indebted Agriculturists, Landless Labourers and Artisans (Temporary Relief) Act, 1976 (referred to hereinafter merely as the "Act"). The petitioner-plaintiff filed a suit against the respondent- defendant for recovery of a sum of Rs. 2,408 being the principle and interest due on a promissory note executed by him on 21st June, 1972. Pending that suit, the respondent-defendant filed a petition under section 4 (1) of the Andhra Pradesh Indebted Agriculturists, Landless Labourers and Artisans (Temporary Relief) Ordinance, 1975, which was subsequently enacted into an Act, requesting the Court below to stay trial of the suit filed against him by the plaintiff. In that petition the defendant stated that he has got only 4 acres 23 guntas of dry land and his main source of livelihood is agriculture and as such he is entitled to the benefit of the Act.

(3.) That petition was opposed by the plaintiff. He stated that the petitioner is not landless poor, and he is in possession of the lands covered by S. No. 161/A comprised of an extent of Ac. 4-23 guntas dry S.No. 64/B comprised an extent of Ac. 0-16 guntas wet; and S.No. 16/F of an extent of Ac. 0-07 guntas of wet in Fatehpuram village, and as such the petition might be dismissed.