BABULAL Vs. SHIV LAL

JUDGEMENT

(1.) BABULAL Shiv Charanlal plaintiff -appellants have filed this appeal against the judgment of the Additional District Judge, Gangapur City, by which the decree passed by the Munsif, Hindon in a suit for ejectment and arrears of rent was modified.

(2.) THE plaintiff filed a suit for ejectment and arrears of rent on the basis of a rent note executed by the defendant -respondent in favour of the plaintiff -appellants on 21. 1. 57, by which the defendant agreed to pay the rent of the premises in question to the appellants at Rs. 30/ - p. m. THE execution of the rent deed was held to be proved by the trial court, and was not challenged before the first appellate Court. Since the defendant did not pay the rent from 20 -5 -64 to 25 -5 -67, the plaintiff filed a suit THE present suit is for eviction and arrears of rent for Rs. 1,080/ -.

(3.) THE scheme of the Debt Relief Act is to relieve the debtors, who are agriculturists from the ordeal of prolonged litigation and debts by making a settlement on fair terms to ensure that the agriculturists are not exploited by the money lenders by charging interest upon interest and capitalising it to the detriment of the agriculturists. THE law empowers the Debt Relief Court to reopen the accounts, find out the principal and the interest and then to give relief by making instalments and sometimes scaling down the debts as per the various provisions of the Act.