Gujarat Court April 1964 Judgments

Keshavalal Girdharllal Gandhi and ors. Vs. Patel Vithalbhai Shankarbha ...

Court: Gujarat

Reported in: AIR1965Guj275; (1964)GLR988

Mehta, J.1. This group of eight Civil Revision Applications involves one or the other of the two important questions under the Agricultural Debtors Relief Act as under:(1)Whether the heirs of the deceased debtor can continue the applicants for adjustment of debts under section 4 of the Act? (2) Whether the heirs of a mortgagor and the purchaser of the equity of redemption in case of a usufructuary mortgage, in which there is no clause of personal liability, could make an application for adjustment of debt under section 4 of the Bombay Act or the Saurashtra Act?* * * * * * * * * * * *(2) To appreciate the contentions urged before u, it would be proper to consider at the outset the scheme of the Act. The preamble of the Act states the Act is meant to give relief to agricultural debtors and for certain other purposes specified therein. Section 2(4) defines 'debt'. Section 2(5) defines a 'debtor' to mean an individual person or an individual Hindu family as unit. The debtor's definition in...