MADAN GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matter here arises under the Haryana Relief of Agricultural Indebtedness Act, 1976 (hereinafter referred to as 'the Act'). The challenge being to the order of the Collector, Narnaul of March 6, 1979, holding the appeal filed by the petitioner under the Act to be not maintainable.

(2.) The relevant facts here are, that on Nov. 6, 1974, the petitioner filed a suit in the Court of the Senior Subordinate Judge, Narnaul seeking to recover a sum of Rs. 3,480/- from the respondents-Sohan Lal and Dhansi Ram. During the pendency of the suit, the Act came into force and the Senior Subordinate Judge, thereupon transferred it to the Debt Settlement Officer, Narnaul, in view of the provisions of the said Act.

(3.) The contesting respondents Sohan Lal and Dhansi Ram questioned both the genuineness as also the enforceability of the debt claimed by the petitioner. The Debt Settlement Officer, by his order of June 13, 1977, held that Sohan Lal and Dhansi Ram fell within the definition of debtors under S.2(g) of the Act and this debt stood discharged under S.5 thereof. Aggrieved by this order, the petitioner filed an appeal before the Collector, Narnual, which was dismissed by him on March 6, 1979 holding that as he had come to the conclusion that what claimed was a debt, which had been discharged no appeal was competent. A reading of the provisions of S.14 of the Act would show that an appeal lies where the challenge is to the genuineness or the enforceability of any debt.