IMPORTANT POINT
Benefits of debt waiver scheme cannot be denied to an eligible person.

K.R. Udayabhanu, President—Appellant is the complainant in CC. 135/09 in the file of CDRF, Wayanad. The complaint stands dismissed.

2. It is the case of the complainant that he is entitled for the benefits of circular No.41/08 with respect to the waiving of the debts as he falls in the category of the cultivator entitled for the waiver being cultivating property extending less than 5 acres of land.

3. On the other hand, the opposite parties have contended that the land cultivated by him for which the loan has been availed is above 5 acres.

4. There is no. representation for the respondent before this commission.

5. Evidence adduced consisted of the proof affidavits of the respective sides, Exs. A1, Ex.B1 and Ex. X1 to X12.

6. We find that the Forum by a very cryptic order has held that the property has been pledged as a whole extending more than 5 acres and that the complainant is not entitled for the benefits. As pointed out by the counsel for the appellant we find that Ex. X1 to X12 possession certificates etc. the land owned by the complainant extends to 2.8 acres and 96 cents and with respect to the property extending another 2.8 acres he is only entitled for 1/3rd share of the same. .Nothing has been produced to show that he has pledged the entire 2.08 acres owned by himself and is his two other brothers, Hence we find that the complainant is entitled for the benefits of Ex. B1 circular. Hence the order of the Forum is set aside. The opposite parties/respondents are directed to confer the benefits of Ext.B1 circular to the complainant appellant.

In the result, the appeal is allowed as above

The office will forward the LCR along with a copy of this order to the Forum.

Appeal allowed.

*******