A ARUMUGA NATTAR Vs. N RAJENDRA NATTAR

JUDGEMENT

(1.) The question that arises for consideration in this civil revision petition is, can the benefits conferred on small farmer by the Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977 (Act No. 7 of 1977) (for short 'the Act') be availed by a person neither holding land in nor residing in Andhra Pradesh ?

(2.) The facts leading to this civil revision petition may briefly be stated thus : The Plaintiff in O.S. No. 581/76 on the file of 2nd Additional District Munsif, Chittoor is the revision petitioner. He filed the suit for recovery of Rs. 1745/- being the principal and interest due on the promissory note dated 12-8-1973. The trial court dismissed the suit on the ground that the suit debt stood discharged as the defendant was a small farmer. The trial court has also held that the plaintiff is not entitled to the benefits of the Act as he is residing outside the State of Andhra Pradesh. The plaintiff carried the matter in appeal. It was contended by him that he was also a small farmer within the meaning of the Act as he owned laud less than the prescribed extent in Tamilnadu State, so the defendant is not entitled to the benefits of the Act. The appellate court held that the plaintiff did not own any land in the State of Andbra Pradesh, therefore, he could not be treated as a small farmer within the meaning of the Act and dismissed the appeal. It is the correctness of the judgment and decree of the appellate court that is assailed in this civil revision petition.

(3.) The revision petition came up for hearing before our learned brother Lakshmana Rao J. who having regard to the importance of the question involved referred the case to a Division Bench. That is how, the matter is before us.