PARVATHI AMMA Vs. MAKKI AMMA

JUDGEMENT

(1.) These appeals have been referred to a Full Bench because of a common question arising in them viz , whether owelty is a debt within the purview of the Kerala Agriculturists Debt Relief Act, 1958.

(2.) Owelty is defined in Blacks Law Dictionary (2nd Edn., page 865) thus:

(3.) Owelty, therefore, represents the value of the excess of landed property allotted on partition to a cosharer over his due share, and enures to the person who was given less properties than are due to him on an equal division. In Freemans words, it is the sum directed to be paid to make the partition equal. It is virtually the price of property taken from one and given to another at partition; as such, in general law, it is always a charge on the share that has the excess. The observation of the Supreme Court in the passage quoted above is also that owelty awarded on partition of immovable properties creates a charge on the land taken.