BAIDYANATH PRASAD Vs. KISHORE SINGH

JUDGEMENT

(1.) This application in revision has been filed by the decree holder against the order of the executing court giving relief to the judgment debtor discharging him from the debts under Section 3 of the Bihar Debt Relief Act, 1976 (to be referred to as 'the Act') according to which a debt incurred by a 'scheduled debtor' is not recoverable from him from any of his movable or immovable porperty nor shall any such property be liable to be attached or sold or proceeded against in any manner in the execution of any decree or order relating to such debt.

(2.) 'Scheduled debtor' has been defined under Section 2 (b) of the Act. 'Small farmer' and 'marginal farmer' have also been separately defined in Clauses (c) and (d), respectively. A 'small farmers many own land measuring not more than 2 acres of irrigated land and 4 acres of unirrigated land, and a 'marginal farmer' just half of the said areas.

(3.) According to the finding of the executing court, the petitioner possessed 4 acres of unirrigated land, and. therefore, he was covered by the definition of a 'small farmer'.