DALBIR SINGH Vs. GOPAL SINGH

JUDGEMENT

(1.) The facts leading to this revision petition are that Messrs Telu Ram Des Raj had obtained a decree for Rs. 2,393.68 paise against the present petitioner Dalbir Singh. The decree-holder applied for execution of the decree for the recovery of the said amount by attachment of the land of the judgment-debtor. The judgment-debtor filed objection-petition and inter alia pleaded that he was a marginal farmer. This plea appears to have been taken in view of the provisions of the Haryana Relief of Agricultural Indebtedness Act (No. 18 of 1976) (for short the Act).

(2.) The executing Court framed two issues, but it is not necessary to reproduce them: Suffice it to say that the Court held that though the plaintiff was a marginal farmer, but he had failed to prove that his annual household income did not exceed Rs. 2400/-. It accordingly dismissed the objection-petition, as the annual income was found to be more than Rs. 2400/-. Feeling aggrieved, the judgment-debtor has come this Court in revision.

(3.) Section 5 of the Act reads as follows :-