NAZAR SINGH Vs. BANARSI DASS

JUDGEMENT

(1.) Banarsi Dass respondent obtained a decree for Rs. 1,498/- against Nazar Singh petitioner on 10th of March, 1978, on the basis of a pronote. Before the execution was taken out by the decree-holder, the judgment-debtor moved an application before the Executing Court for a prayer discharging him from paying the decretal amount or interest thereon under Section 4 of the Punjab Agricultural Indebtedness (Relief) Act, 1975 (hereinafter referred to as the Act), as he was a 'debtor' within the meaning of Section 2(v), as he was ordinarily residing in the State of Punjab, earning his livelihood mainly by working as agricultural labourer not owning any agricultural land and having no assets.

(2.) The application was opposed by the decree-holder and on the contest of the parties, the following issues were framed :-

(3.) In order to appreciate the rival contentions, it will be useful to reproduce the definitions of 'debt' and 'debtor' contained in Section 2(iv) and (v) and Section 4 with clause (a), which fall for interpretation in this case :-