NARAYANA KEKKUNAYYA Vs. VISHNU DERINJATHAYA
HIGH COURT OF KERALA
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(1.) The question that arises for consideration in this case is whether the liability under S, 144 of the Code of Civil Procedure, 1908 for restitution of amounts drawn from court deposit is a debt under the Kerala Agriculturists' Debt Relief Act, 1970. In this appeal against the order of the Subordinate Judge of Kasargod in Interlocutory Application No. 75 of 1970 in O. S. No. 77 of 1957 the respondent in the court below is the appellant and the petitioner therein the respondent.
(2.) The facts are simple. The appellant was the plaintiff in O. S. No. 77 of 1957 which was decreed on 5-1-1963. From the above judgment and decree the respondent defendant filed A. S. No. 164 of 1963 before this Court and this Court granted stay of execution of decree on the respondent depositing Rs. 6,100/- in the court below. The appellant on 5-6-1964 withdrew a sum of Rs. 6000/- from the above deposit, the respondent made in the court below. On 15-11-1968 this Court allowed A. S. No. 164 of 1963 with costs. Thereupon the respondent in this appeal filed R.I.A. No. 75 of 1970 on 22 2 1970 under S.144 of the Code of Civil Procedure in the court below for restitution of the amount withdrawn with 6 per cent interest. The appellant filed a counter affidavit and an additional counter affidavit in the court below and in the additional counter affidavit filed on 20-7-1970 he raised a contention that he is an agriculturist as defined in S.2(1) of the Kerala Agriculturists' Debt Relief Act 11 of 1970 and the claim made in the petition is a debt under the above Act.
(3.) The court below gave a decision that the respondent was entitled to get back the amount the appellant withdrew from court on 5 6 1964. On the question of the applicability of the Kerala Agriculturists Debt Relief Act, 1970 the court below came to the conclusion that the liability in question cannot be considered as a debt as defined in Act 11 of 1970. It is against the above order of the court below that the appellant has come up in appeal.;
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