PARAMESWARA KURUP Vs. DAMODARAN

JUDGEMENT

(1.) THE decree-holder in O. S. No. 44 of 1119 of the district Court of Alleppey filed an application for execution calculating interest as provided in the decree. THE 9th defendant contended that only interest at 4 per cent per annum is admissible from the commencement of the travancore Debt Relief Act, 1116. THE contention was upheld by the execution court, and this appeal is from the order upholding the contention.

(2.) S. 12 of the Travancore Debt Relief Act, 1116, reads as follows: "no future interest exceeding simple interest calculated at four per cent per annum in the case of money debts and six per cent per annum in the case of paddy debts shall be chargeable from the date of the commencement of the Act on any debt to which this Act applies. " The expression "debt" is defined in S. 2 (iv) of the Act as "any liability in cash or kind, whether secured or unsecured, due from any person whether payable under a decree or order of a Civil or Revenue Court or otherwise. "

(3.) EVEN if we assume that the liability is one "arising out of a sale of immovable property in respect of the balance of purchase money" the appellant has still to establish that the lien subsists and has not disappeared by efflux of time or otherwise. The submission of counsel for the appellant is not that there is a subsisting lien but that the subsistence of the lien is unnecessary to attract the provision