Judgment Madan Mohan Prasad, J. 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 : - "3.
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 : - "3. Discharge of debts of scheduled debtors and consequences of such discharge.- Notwithstanding anything contained in any other law for the time being in force or in any contract or other instrument having force by virtue of any such law, and save as otherwise expressly provided by section 5 of this Act, every debt advanced to a scheduled debtor before the commencement of this Act, including the amount of interest, if any, payable on such debt shall be deemed to have been wholly discharged, and - (a) no such debt due from a scheduled debtor shall be recoverable from him or from any movable or immovable property belonging to him nor shall any such property be liable to be attached or sold or be proceeded against in any manner in the execution of any decree or order relating to such debt, (b) no Civil Court shall entertain any suit or proceeding against a scheduled debtor for the recovery of such debt or any portion thereof or any interest due thereon : provided that where a suit or proceeding is instituted jointly against a scheduled debtor and any other person, nothing in this clause shall apply to the maintainability of a suit or proceeding in so far as it relates to such other person : (c) all suits and proceedings (including appeals, revisions, proceedings in execution and attachments) pending on the date of commencement of this Act for the recovery of any such debtor or interest due thereon against a scheduled debtor shall abate, (d) every scheduled debtor undergoing detention in a civil prison in execution of any decree for money passed against him by a civil Court in respect of any such debt shall be released : (e) every property pledged by a scheduled debtor shall on the commencement of this Act stand released in favour of such debtor, and the creditor shall be bound to return the same to the debtor forthwith.
Explanation.- Nothing in this section shall be construed to entitle any scheduled debtor to get refund of any part of a debt already repaid by him or recovered from him before the commencement of this Act. " it would appear therefrom that a debt advanced to a scheduled debtor is to be deemed to have been wholly discharged. "scheduled debtor" has been defined in section 2, clause (g) of the Act which is as follows : " scheduled debtor means a person belonging to a scheduled caste or a scheduled tribe or a backward class (Annexure I) or a denotified tribe who is ordinarily a resident in the State of Bihar and is a landless agricultural labourer. Explanation.- For the purpose of this clause a landless agricultural labourer is a person whose main source of livelihood is agricultural labour or cultivation and who does not hold more than one acre of land. " 4. It is obvious thus that a person in order to take advantage of section 3 must not only be a person belonging to the Scheduled Castes or Scheduled Tribe, or a Backward Class or a Denotified Tribe, but must also be a landless agricultural labourer. In other words, he must fulfil two qualifications and one by itself will not attract the operation of the law. 5. In view of the well-settled principle that this Court will not interfere with a finding of fact, sitting in its revisional jurisdiction, obviously the petitioners cannot derive any benefit from the provisions of section 3 of the Act, in view of the finding that he was not an agricultural landless labourer. 6. In the result, I find that the court below has rightly decided against the petitioners and there is no merit in this application. It is accordingly dismissed. In the circumstances of the case, however, there will be no order as to costs. Revision application dismissed.