( 1 ) THIS group of 3 petitions raises common questions of law and facts and can be conveniently dealt with together. The petitioners have, in all these 3 matters, challenged the orders of the Respondent Nos. 2 District registrars of Co-operative Societies and Appellate Authority whereby the orders issuing certificates under Sec. 8 (3) of the Gujarat Rural Debtors Relief Act, 1976 (hereinafter referred to as "the Act") by the Debt Settlement Officer, in favour of the first respondents were confirmed.

( 2 ) BEFORE dealing with the various legal contentions in these matters, the facts of each of these petitions may be set out.

( 3 ) IN Special Civil Application No. 788 of 1980, the respondent No. 1, who had made an application for obtaining relief under the said Act in respect of his debt of Rs. 3,000. 00, stated that he had mortgaged the land in favour of the petitioner and that since he was a marginal farmer his debt should be discharged. The Debt Settlement Officer came to the conclusion that the respondent No. 1 was a marginal farmer and that having regard to the nature of the transaction it was a mortgage by conditional sale. The respondent No. 1 was therefo