1993 (10) TMI 371

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..... 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 matters connected therewith. The provisions of the Act, there .....

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..... 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 requires words serialized carry the meanings given therein. The w .....

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..... 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 agricultural labourer, rural artisan or a small farmer shall be deem .....

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..... 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 been the intention of the framers of the Act that all the .....

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..... in Section 3, we are unable to demolish the reasoning of the High Court whereby relief was granted to the judgment-debtor-respondent to further the purposes of the Act. Rather we agree with the views of the High Court. Additionally, this being a local statute some room must be left with the High Court relating to its interpretative skill, knows as it does the local conditions, warranting such ben .....

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