HIRAMAN SAH Vs. RAMDHANI MISTRI

JUDGEMENT

(1.) This is an application by the decree-holder whose execution proceeding for realisation of a certain amount has been dropped as having abated under Section 3 (c) of the Bihar Debt Relief Act, 1976 (hereinafter referred to as 'the Act').

(2.) The judgment-debtor opposite party filed a petition in the execution case that he was a marginal farmer and his property could not be sold in execution case according to the provisions of Sub-section (1) of Section 3 of the Act. A prayer was made that he should be exempted from the liability. According to the decree-holder, who filed a rejoinder in the execution case, the judgment-debtor along with his family members and his three sons not only owns a house but had a good business of smithy from which he earned about Rs. 10,000/- to Rs. 15,000/- per year. The decree-holder contended that the judgment-debtor was not saved by the provisions of the Act and, therefore, his petition for exemption should be dismissed.

(3.) Some evidence was led on behalf of both the parties before the executing court and on consideration of the evidence so led the learned executing court carne to the finding that the judgment-debtor was a marginal farmer as well as a rural artisan within the meaning of the Act and was, therefore, a scheduled debtor. It was therefore, held that the execution proceeding for realisation of the amount in question abated under the provisions of Section 3 of the Act and further proceeding of the execution case was accordingly dropped.