SUKHIA Vs. TOOK NARAIN WHISH WAKARMA

JUDGEMENT

(1.) This second appeal arises out of a suit filed by the plaintiff-respondent for recovery of Rs. 5001.00- (Rs. 4000/- principal and Rs. 1001.00- by way of interest). The suit was dismissed, on appeal the same was decreed, and thereafter this Second Appeal.

(2.) Shortly stated, the facts of this case are that the defendant-appellant No. 1 Most. Sukhia executed a usufructuary mortgage deed on the 7th of December, 1973 after receiving Rs. 4000.00. It was stated in the deed that in case the plaintiff did not get possession of the mortgage house, then the interest at the rate of Rs. 1.00 per month will be payable. It is said that possession of the house in question could not be taken by the plaintiff. Thereafter the suit was filed for realisation of Rs. 5001.00 (including interest). The debtor Most. Sukhia was impleaded as defendant No. 1. Her son and daughter were also made defendants.

(3.) The suit was contested by defendant No. 1 mainly on the ground that she was a scheduled debtor, and as such the debt itself stood discharged under Section 3 of the Bihar Debt Relief Act, 1976 (Act No. 7 of 1977) (hereinafter to be called as "the Act"). The other defendants also filed their written statement, wherein they stated that they had no concern with the debt. According to them, they could not be liable for any debt incurred by their mother.