Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tamil Nadu Debt Relief Act 1979: Section 3(3)-Proviso |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tamil Nadu Debt Relief Act, 1979: Section 3(3)-Proviso. Expression 'Not less than Rs. 1200'-Scope and meaning of.Debtor-Who is-Respondents executed a usufructury mortgage in favour of appellant- Annual rental value of the property Rs. 1200-Respondent's application for claim as debtor within the meaning of the Act- Dismissal by Trial Court- Trial Court order affirmed by First Appellate Court- On second appeal High Court held the respondents were debtors within the meaning of Section 3(3) of the Act- lt came to the conclusion that the annual rental value of Rs. 1200 was not enough to deprive them of the benefit of being regarded as debtors- Appeal before Supreme Court- Held if the annual rental value of the property which is owned by a debtor is not less than Rs. 1200 then he would be covered under sub-section (iii) of proviso to Section 3(3) and he would not be deemed to be a debtor- Not less than 1200 means that the minimum aggregate annual rental value should be at least 1200 if the aggregate rental value was less than 1200 only then the respondents would have been regarded as not being covered by the proviso to Section 3(3)- The High Court erred in arriving at the conclusion that even though the annual rental value was Rs. 1200 the respondents were entitled to the benefit of the said proviso and would be regarded as debtors within the meaning of that Act. |
Judge | N/A |
Neutral Citation | 2000 INSC 62 |
Petitioner | M.n. Abdul Pawoof |
Respondent | Pichamuthu And Ors. |
SCR | [2000] 1 S.C.R. 761 |
Judgement Date | 2000-02-10 |
Case Number | 2761 |
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