VIJJRAPU SARAYYA Vs. VINNAKOTA SAVITRAMMA

JUDGEMENT

(1.) A short but subtle question of general interest and importance is raised for resolution in these revision petitions. The question is whether the expression debt as defined in S. 3 (i) of the Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977 (Act No. 7 of 1977), hereinafter referred to as Indebtedness Relief Act includes also Mesne Profits". Before embarking on a consideration of the question, it would be profitable to make plain the facts in one of the cases, as the facts in both the cases are identical. For the sake of convenience, the facts in Civil. Revision petition 19666 of 1977 may be stated.

(2.) The petitioner is the judgement debtor in E. P. No. 95 of 1965 in O. S. No. 6 of 1951 on the file of the Subordinate Judge, Amalapuram. He filed a petition under S. 4 (1) of the Andhra Pradesh Ordinance 25/76 which has since been repealed and replaced by the Indebtedness Relief Act, claiming that he is a small farmer entitled to the protection of the provision of the said ordinance and that the proceedings in the Execution petition are liable to be abated.

(3.) The decree-holder in his counter-affidavit contended inter alia that the debtor is not a small farmer as he is cultivating about Ac. 10.00 of land belonging to other also on lease and deriving an income of Rs. 1,200.00 per year and that in any case the execution, which relates to recovery of mesne profits does not abate, as to mesne profits are excluded in the definition of debt under the Indebtedness Relief Act. It was also pleased that the liability of the petitioner had arisen out of a tortious liability and was specifically excluded under the definition of debt in S. 3 (i) of the said Act.