THANA Vs. BHAGWANLAL

JUDGEMENT

(1.) The short point to be decided in this case is interpretation of the term "debt" of the definition Cl.(d) of S.3 of the Madhya Pradesh Gramin Rin Vimukti Tatha Rin Sthagan Adhiniyam, 1975, for short, the Adhiniyam.

(2.) Few facts, to be stated to appreciate background of the instant lis, may be recounted shortly. Admittedly, each of the appellant is a 'marginal farmer' defined in cl.(g) of S.3 and each of them is also a 'member of scheduled caste' defined in Cl.(h) thereof. They had instituted a suit for declaration of their title in respect of some land, which was dismissed but they were saddled with costs which were assessed at Rs. 152.30 paise. The successful defendants, the respondents herein, levying execution of that decree for costs, the appellants raised objection invoking the protection of the Adhiniyam. The Executing Court allowed the objection but on appeal the decision being reversed the plaintiffs, who are also judgement-debtors, are before me in this appeal.

(3.) The best that can be done in this matter is to state legislature's own language to demonstrate that the view taken by the lower appellate court is not sustainable in law. I quote the definition :-