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1993 Supreme(SC) 913

M.M.PUNCHHI, N.P.SINGH
Bonam Satyavathi – Appellant
Versus
Addala Raghavulu – Respondent


(1) THIS appeal arises against the judgment and order of the High court of A. P. dated 18/09/1981 passed in Appeal against Order No. 231 of 1977. The decision was rendered by a full bench of that High court on reference.

(2) THIS case has to be viewed on the canvas of the A. P. Agricultural Indebtedness (Relief) Act, 1977. The purpose of the Act as reflected from its preamble is to provide relief to agricultural labourers, rural artisans and small farmers in the State of A. P. and for matters connected therewith. The provisions of the Act, therefore, have to be interpreted and employed in such a way that it furthers the purposes of the Act. The finding recorded by the High court on facts is that the mortgagee judgment-debtor-respondent, who is a woman, owns and personally cultivates 2.09 acres of wet land. That her holding computed individually entitles her to the protection of the Act is beyond dispute. But her holding was clubbed with that of her minor children by the Subordinate Judge in the first instance holding on that basis that she was not a small farmer. This view was upset by the High court since it took the view that holding of the individual debtor alone


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