MAYA RAM Vs. RAM KISHAN

JUDGEMENT

(1.) THIS revision is on behalf of the judgment debtor against the order dated December 20, 1980, passed by the Senior Sub -Judge, Kurukshetra, whereby his objection petition claiming that he was a marginal farmer under the Haryana Relief of Agricultural Indebtedness Act was dismissed. It was noted by the executing Court in the impugned order that the judgment -debtor had promised to bring to the Court a sum of Rs. 5,300/ - for being paid to the decree -holder on that date. When he failed to bring the amount he filed an application raising an objection that he was a marginal farmer. The decretal amount is said to be Rs. 18,250/ -. When notice of motion in this revision was issued by Tandon, J. on January 22, 1981, auction was ordered to be stayed on the deposit on Rs. 5,000/ - on the part of the judgment -debtor and the learned Counsel for the Petitioner says that the amount was duly deposited.

(2.) WITHOUT giving any chance to the judgment -debtor for the leading of evidence in support of the objection petition it was remarked by the executing Court that the application was unfounded. It was then said that it was not corroborated by any evidence. The evidence was to be produced by the judgment -debtor if the decree -holder did not admit that he was a marginal farmer. In the ground of revision this position has been taken that the judgment -debtor is a small farmer. Anyway, the impugned order itself says that this objection has also been taken that the judgment -debtor was covered under the beneficial provisions of the Haryana Relief of Agricultural Indebtedness Act. None has made his appearance today to raise any contention on behalf of the decree -holder, lam of the view that the judgment -debtor should have been given an opportunity by the executing court for substantiating the facts mentioned in the objection petition. The order passed by the executing Court is set aside and it is directed that after obtaining the reply of the decree -holder to the objection petition filed by the judgment -debtor a proper issue should be framed and then both the parties should be given an opportunity for the leading of evidence and then the objection petition should be decided afresh. The Petitioner through his counsel is directed to make his appearance before the executing Court on May 25, 1981, so that the execution petition may proceed further. There shall be no order as to cost.