SHAM LAL INDER SEN Vs. AMAR SINGH

JUDGEMENT

(1.) Messrs Sham Lal Inder Sen Cloth Merchants, Fatehabad, District Hissar (petitioner) filed a suit for the recovery of Rs. 3767.20, including Rs. 2770/- as principal and the balance as interest against Amar Singh respondent on the basis of a Bahi entry dated January 12, 1973. The respondent moved an application under Haryana Relief of Agricultural Indebtedness Act, 1976 (hereinafter the Act) alleging therein that he is an agricultural labourer and depends on agriculture and his income is not more than Rs. 2000/-. The debt due from him to the petitioner shall stand discharged under the Act with the result that the suit is not maintainable.

(2.) The petitioner opposed the application filed by the respondent alleging that the latter's annual income is Rs. 15,000/- and he owns 15 Acres of land and is not an agriculturist.

(3.) The trial Court in the impugned order dated January 20, 1977, observed that the dispute between the parties is whether the respondent is a debtor and the transaction a debt in terms of the Act or not. The Settlement Officer alone is competent to decide these points under section 18 of the Act and further section 19 thereof bars the jurisdiction of the Civil Court to entertain any dispute to recover the debt which has been deemed to have been duly discharged under the provisions of the Act. The petitioner, therefore, ought to have approached the Settlement Officer to obtain a decision on the points whether the respondent is a debtor and the transaction a debt in terms of the Act or not. The proceedings in the civil suit were consequently stayed. The petitioner has assailed the order of the trial Court dated January 20, 1977, in the present revision.