HARIHARA IYER Vs. AUGUSTHI DEVASIA
HIGH COURT OF KERALA
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(1.) THE 6th defendant in O. S. 73 of 1121 on the file of the Munsiffs Court, thodupuzha is the appellant before us.
(2.) THE matter arises in execution. When the decree-holder sought to execute the decree an objection petition was preferred by the 6th defendant raising the contention that he is an agriculturist entitled to the benefits of the Kerala agriculturists Debt Relief Act, 1958, Act 31 of 1958, (hereinafter referred to as the act ). The decree-holder put forward the plea that the decree amount represents the balance of unpaid sale consideration due by the vendee in respect of a transaction of sale of immovable property and is therefore a liability exempted 4from the purview of the Act by virtue of the specific exemption contained in section 2 (c) (vii) of the Act. The executing court rejected this contention of the decree-holder and held that the 6th defendant is entitled to the benefits of the Act. It accordingly directed the decree-holder to file an amended execution petition stating the correct amount realisable under the provisions of the Act.
(3.) THE decree-holder thereupon preferred an appeal to the District Court, ernakulam. The lower appellate court set aside the order of the executing court and held that the liability under the decree falls within the scope of the exemption contained in Section 2 (c) (vii) of the Act. Hence this second appeal by the 6th defendant.;
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