APPICHA ASARI UNNI ASARI Vs. VAIRAVAN ASARI SASTHAVASARI
HIGH COURT OF KERALA
APPICHA ASARI UNNI ASARI
VAIRAVAN ASARI SASTHAVASARI
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(1.) The first defendant in O.S. No. 245 of 1955 of the Munsiff's Court, Kanjirappalli is the appellant, the first respondent being the plaintiff decree holder therein and the second respondent the second defendant in the suit. The decree in the case was passed on 15-10-1955. The first execution application was on 8-9-1966. The decree was for money and the execution petition having been filed long after the date of the decree, very much more than three years after, the petition was dismissed by the execution court. In appeal the decision of the execution court was reversed and this appeal is directed against the appellate judgment.
(2.) The case has been referred to a Full Bench in view of the apparent conflict between the rulings of this court in Ahammed alias Kunju v. Achutha Menon 1964 KLT 592 and Krishna Pillai v. Parameswaran Pillai 1966 KLT 1031 .
(3.) The Kerala Agriculturists Debt Relief Act, 1958 (hereinafter referred to as the Act) came into force on 14-7-1958. This Act permitted the payment of debts falling within the purview of that Act in instalments (S.4 of the Act). It imposed a ban on execution of decrees and institution of suits for a period of six months from the date of the commencement of the Act (S.3(1) of the Act). If default is made in instalments the creditor shall be entitled to recover the same by executing the decree (S.4(5) read with S.10 of the Act). The proviso to S.4(5) further enacted:
"Provided that if default is made in payment of six consecutive instalments the debtor shall not be entitled to the benefits of the provisions of sub-s.(2) and sub-s.(3) and the whole debt together with such interest as may have accrued thereon less any amount that have already been paid shall be forthwith payable."';
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