AMARJIT SINGH GANDHI Vs. BALDEV SINGH

JUDGEMENT

(1.) Amarjit Singh Gandhi defendant-appellant had borrowed Rs. 15,000/- from Baldev Singh plaintiff-respondent on February 8, 1974. A pronote was executed. As defendant did not pay, Baldev Singh plaintiff brought this suit for the recovery of the amount. The Subordinate Judge, Ist Class, Muktsar, vide his order dated April 20, 1978 decreed the suit of the plaintiff for Rs. 15,000/- as principal and Rs. 4,237.50 as interest and also ordered that defendant will pay future interest on the said principal amount at the rate of 6 per cent per annum till the final realisation of that decretal amount. Feeling aggrieved Amarjit Singh Gandhi defendant has filed this appeal.

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

(3.) The findings on issues Nos. 1, 2 and 4 have not been challenged before me. The learned counsel for the appellant has challenged the finding on issue No. 3 and has argued that as defendant-appellant is a small farmer, so in view of the provisions of Punjab Agricultural Indebtedness (Relief) Act, 1975 hereafter referred to as the Act), the debt shall be deemed to be wholly discharged. He has referred to section 4 of the Act which reads as under :