T. NARASINGA RAO, J.

( 1 ) THIS revision petition is directed against the order of the Additional subordinate Judge, Vijayawada whereby he refused to extend the benefits of Section 4 of the Andhra Pradesh Agricultural Indebtedness (Relief) Act. (Act 7 of 1977) to the revision petitioner, in an insolvency proceeding.

( 2 ) THE case of the petitioner was that he is a small farmer within the meaning of Section 3 (I) of the Act and therefore, the debt, on account of which the insolvency proceeding, i. e. , I. P. No. 48/74 arises, must be deemed to have been discharged. It is further alleged that the creditor cannot c. R. P. NO. 6288/78 Dt 28-6-1979 r.--45 recover the debt due under the pronote that the petitioner has got four major sons and the family has got Ac. 4-44 cents of wet and dry land, that the share of the petitioner would be only Ac. 0-89 cents and that the wife of the petitioner has got Ac. 1-00 of land. Hence, the petitioner is a small farmer owning lees than one hectare of wet land.

( 3 ) THE creditor-respondent resisted this petition on the ground that the petitioner is not a small farmer and that he owns Ac. 4-50 cents of wet land and Ac. 3-50 cents of dry land and the p

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