SBT Vs. A J ABRAHAM

JUDGEMENT

(1.) Counsel appearing for the respondent argues on the basis of S.3(1) read along with proviso to S.2, (4)(1), hereinafter referred to as the first proviso, and proviso (a) to S.4(2), hereinafter referred to as the second proviso, of the Kerala Agriculturists' Debt Relief Act, 11 of 1970, for short the Act, that this appeal statutorily stands stayed and so cannot be heard and disposed of.

(2.) The suit out of which this appeal arises was one filed by the appellant, the State Bank of Travancore, for recovery of Rs. 9833.05 due from the respondent under an overdraft agreement. The only contention raised by the respondent and which was accepted by both the courts below was that he was an agriculturist entitled to the benefits of S.5 of Act 31 of 1958. In conformity with that finding the appellant was given a decree for Rs. 4809/-.

(3.) It is not disputed by the respondent's counsel that in the instant case the debt due from the respondent is one borrowed under a single transaction and that it exceeds Rs. 3000/-. Similarly it is not disputed by the appellant's counsel that the respondent is an agriculturist.