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1985 DIGILAW 7 (KAR)

TEEPUSABI v. K. RUDRAIAH

1985-01-07

P.A.KULKARNI

body1985
P. A. KULKARNI, J. ( 1 ) THESE are two revisions by the legal representative of the judgment-debtor against whom execution petitions were filed for recovery of money. ( 2 ) JUDGMENT-DEBTOR died during the pendency of the execution. His legal representatives were brought on record. They raised a contention that they are debtors within the meaning of the Karnataka Debt relief Ordinance of 1979 and Act of 1980. Now the question for consideration is whether such a plea is available to the legal representatives at all. ( 3 ) A similar question of law came up for discussion before this Court in Civil revision petition 3023 of 1979. This Court held in the said case that it was not open to the legal representatives of the deceased judgment-debtor to raise a plea under the karnataka Debt Relief Act. ( 4 ) SECTION 3 of the Karnataka Debt relief Act, 1980, reads as"notwithstanding anything contained in any law for the time being in force or in any contract or instrument having force by virtue of any law or otherwise and save as otherwise expressly provided in this Act, with effect on and from the date of commencement of this Act, (a) every debt incurred by a debtor before the date of commencement of this act and payable by him to his creditor on such date shall be deemed to be wholly discharged;"the decree was passed originally against the judgment-debtor. In the execution, his legal representatives have been brought on record and they have been proceeded against only to the extent of the property of the deceased that has come into their hands. Therefore, there is no personal liability cast on the legal representatives of the original judgment-debtor to pay the amount. It is only the property of the deceased, that has come to their hands, that is being proceeded against for the recovery of the amount. Therefore, it cannot be said that it is the amount payable by the legal representatives to the creditor. ( 5 ) IT has been held by this Court in ramegowda Vs. SAROJAMMA, 1980 (1) karnataka Law Journal, 345 that it is not open to the legal representatives of the original borrower to take shelter under the provisions of the Karnataka Debt Relief act. ( 5 ) IT has been held by this Court in ramegowda Vs. SAROJAMMA, 1980 (1) karnataka Law Journal, 345 that it is not open to the legal representatives of the original borrower to take shelter under the provisions of the Karnataka Debt Relief act. ( 6 ) FURTHER the word 'creditor' has been defined by 1980 Act, as"'creditor' includes his heirs, legal representatives and assigns;" the word 'debtor' has been defined as - "'debtor' means a person who is, i) a landless agricultural labourer; ii) a person belonging to the weaker section of the people; or hi) a small farmer, and from whom a debt is due;"this definition of the word 'debtor', as has been done in the case of 'creditor', does not include his heirs, legal representatives or assigns. Further the last portion of the phrase "and from whom a debt is due" would clarify the matter. The debt is not due from the legal representatives. In such a case, it can only be recovered from the estate of the deceased that has come into the hands of the legal representatives. Therefore, under these circumstances, such a plea, under the Karnataka Debt Relief act, is not open to the legal representatives of the deceased judgment-debtor at all. ( 7 ) THUS, in the result, the orders passed by the Court below in both the execution cases, are confirmed. Both the revisions are dismissed. No costs in both the revisions. --- *** --- .