LAWS(P&H)-1984-2-142

SUKHA SINGH Vs. CHAND SINGH AND OTHERS

Decided On February 03, 1984
SUKHA SINGH Appellant
V/S
Chand Singh And Others Respondents

JUDGEMENT

(1.) This petition is directed against the order of the executing Court dated 31st October, 1981, whereby the objection petition filed on behalf of the judgment-debtor-petitioner was dismissed.

(2.) Chand Singh and others, respondents-decree-holders, obtained a money decree of Rs. 3417/- on 11th May, 1976 against Sukha Singh petitioner -judgment-debtor. During the execution proceedings Sukha Singh judgment-debtor filed an objection petition on the plea that he is protected by the Punjab Agricultural Indebtedness (Relief) Act, 1975, as he is a rural artisan, a resident of Punjab, an agricultural labourer, owns no landed property, his total assets are less than Rs. 50,000/- and he is also from a backward class. It was further pleaded that the debt in dispute was incurred before 12th August, 1975. Therefore, he is to be discharged in view of protection provided in the aforesaid Act. This petition was contested on behalf of the decree-holder inter alia on the ground that the said Act was not applicable and that the judgment-debtor was not protected by the said Act as claimed by him. It was denied that the judgment-debtor was a rural artisan or an agricultural labourer.

(3.) On the pleadings of the parties, the executing Court framed the following issued :-