KARTHIYAYANI AMMA Vs. MOIDU
HIGH COURT OF KERALA
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(1.)The question for decision is whether the application filed by the judgment debtor under S.22 of the Kerala Agriculturists Debt Relief Act. for cancellation of the court sale of his property falls under S.22(1)(a) or (b).
(2.)Clause (a) of S.22(1) relates to a case where the auction purchaser is a decree holder. In a case under clause (a) the judgment debtor has to deposit one half of the purchase money together with the costs of execution where such costs are not included in the purchase money. The application may be made within one year and the balance of the purchase money is to be paid in ten equal half yearly instalments. Clause (b) applies to a case where the auction purchaser is not the decree holder. The judgment debtor has to apply within six months and deposit the purchase money in full.
(3.)The auction purchaser in this case is an assignee decree holder. It was contended by him that, not being the decree holder, clause (b) of S.22(1) applied to the case and that the application had to be dismissed as the full purchase money was not deposited. This contention was upheld by the courts below. The judgment debtor has therefore preferred this civil revision petition.
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