SANKARANARAYANAN NAIR Vs. APPUKUTTAN
HIGH COURT OF KERALA
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(1.) This motion is by a landlord who has obtained a decree for arrears of rent, over Rs. 10,000/-. In execution of the decree he has purchased the tenancy right on 27-3-1967 for Rs. 5005/-. The judgment debtor filed an application under O.21 R.90 CPC. to have the sale set aside. While it was pending, the Act IX of 1967 came into force on 30-7-1967, and the executing Court stayed the enquiry on that application.
(2.) On 7-9-1967 the decree holder moved for a receiving order for the property purchased by him and it was allowed on 1-4-1968 and a receiver appointed. Soon thereafter the judgment debtor, the 3rd defendant, offered Rs. 2568/- as the price of one year's rent and moved for a discharge of the receiver. The Subordinate Judge directed the receiver to receive the amount and deposit the same in Court, relegating 'all other matters' for determination at the time of disposal of the petition for discharge of the receiver. On 1-4-1968 he reviewed his prior order and directed' the judgment debtor to deposit Rs. 2000/- more, towards future rent, by or before 15-6-1968; but on appeal the District Judge, Palghat, set aside that order and directed discharge of" the receiver. This revision is in challenge of the District Judge's judgment.
(3.) I am afraid, the scope of the Act IX of 1967 has been misconceived in this case. S.5 of the Act stays "proceedings for the recovery of arrears of rent...accrued due before the 1st day of April 1965"; and S.7 provides "where any holding has been sold before the commencement of the Kerala Stay of Eviction Proceedings Ordinance 1967 (19-5-1967) in execution of any decree for arrears of rent, but the tenant has, not been dispossessed, such tenant may, within three months of the commencement of this Act, deposit the decree amount with interest...and apply to the Court for setting aside the sale." The instant execution sale comes within the scope of S.7; but neither application nor deposit has been made within the time prescribed therein. The S.7 cannot therefore have any effect in this case after three months from the commencement of the Act, which is over by 30-10-1967.;
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