1993 (10) TMI 371

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....l 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 Andhra Pradesh 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 Andhra Pradesh and for mat....

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....is it followed that the judgment-debtor- respondent was a small farmer within the meaning of the Act. It is to challenge this view that this appeal is at the instance of the decree holder. 3. The definitions of words and expressions, which play a part in solving this dispute are provided in Section 3 of the Act. The provision begins with the usual words that unless the context otherwise require....

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....h does not exceed in extent. The extent of land under this clause is one hectare of wet land which shall be deemed to be equal to two hectares of dry land, as goes the Explanation. Section 4 is the governing section wherefrom flows the relief. Simply put, it ordains that with effect of, or with the commencement of, the Act, every debt, including interest, if owning to any creditor by an agricultur....

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....s the case may be, the expression 'person' must be understood distributively. On this understanding, the High Court went on to decide in favour of the judgment-debtor-respondent, holding that her individual holding alone was reckonable, which would entitle her to the relief since the language employed in Section 3(t) also supported this interpretation.. It was viewed that it could not have....