RUKUM-UD-DIN Vs. DHARAM PAL

JUDGEMENT

(1.) The judgment-debtor-petitioner has filed this revision petition against the order of the executing Court dated 4th November, 1980 whereby his objection to the execution of the decree were dismissed.

(2.) Dharampal, respondent-decree-holder, sought execution of his decree for the recovery of Rs. 6,000/- along with costs and in pursuance thereof got attachment and sale of the property belonging to the judgment-debtor. The judgment-debtor-petitioner filed objections on 11th August, 1977. One of the objections taken up by the judgment-debtor was that he is a marginal/small farmer as defined in sections 2(h) and 2(j) of the Haryana Relief of Agricultural Indebtedness Act, 1976, Haryana Act, No. 18 of 1976 (hereinafter to be referred to as the Act) and, therefore, entitled to the protection thereunder. According to the judgment-debtor, he does not possess land exceeding one hectore and has thus got the protection under section 5 of the Act. The said objections were resisted by the decree-holder and it was denied that he did not possess the land exceeding one hectore. Rather it was stated that the land of the judgment-debtor exceeds one hectore and his source of income besides agricultural land is that he deals in buying and selling cattle as well as sells milk of buffaloes.

(3.) On the pleadings of the parties, the following issues were framed :-