BIRAHIM MIAN Vs. RAMJI PRASAD

JUDGEMENT

(1.) This is an application in revision against an order of the court below rejecting an application of the petitioner under section 3 of the Bihar Scheduled Castes, Scheduled Tribes, Backward Classes and Denotified Tribes Debt Relief Act, 1974 (Bihar Act XX of 1975) (herein after called 'the Act').

(2.) It appears that the opposite party obtained a money-decree against Birahim Mian, who filed the present application but died during the pendency thereof and was substituted by his widow and sons, in respect of which execution was levied and the house of the petitioners was sold. The said Birahim Mian filed an application before the Court below that he was a 'Dafali Muslim' as also an agricultural labourer and for that reason in view of section 3 of the Act the debt which he owed should be deemed to have been satisfied and the execution petition ought to be dismissed on that account. The court below held that he was admittedly a 'Dafali Muslim' and as such one of the backward classes mentioned in Schedule I to the Act. It, however, found that the evidence produced by him did not establish that he was a landless agricultural labourer, on the other hand it appeared that he was a businessman. On this ground he. rejected the application.

(3.) Section 3 of the Act is as follows : -