P. A. CHOUDARY, J.

( 1 ) IN O. S. No. 167/1975 on the file of the District Munsif Court Pithapuram, the defendant-debtor filed I. A. No. 745/1977 claiming protection of Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977 (Act No. 7 of 1977 ). The defendant claimed that the above suit instituted by the plaintiff-creditor against him for the recovery of a debt should be dismissed as having abated because he is a small farmer within the meaning of the aforesaid Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977 (Act No. 7 of 1977), hereinafter called as the Act. The District Munsif Court found that the defendant-debtor who is a non-trial holds a small extent of Ac. 0-37 cents of wet land and Ac. 0-973/8 cents of dry land. On that basis and without taking into account the fact that the debtors wife is possessed of Ac. 9-50 cents dry land, the lower Court held that the defendant-debtor is a small farmer within the meaning of the Act and accordingly dismissed the aforesaid O. S. No. 167/1975 as having abated.

( 2 ) AGAINST that order of the District Munsif Court, Pithapuram, the plaintiff-creditor filed the present C. R. P. No. 4848/1978 which has been referred by our le

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