BALAKRISHNAN Vs. GANGADHARAN

JUDGEMENT

(1.) THE revision petitioner is the judgment-debtor in O. S. No. 230 of 1968 of the Munsiff's Court, Ernakulam. He executed a promissory note for Rs. 7,500/- in favour of the respondent-decree-holder on 3-2-1965 , agreeing to pay interest at 6 per cent. Towards the above transaction 3 payments were made of Rs. 1, 173/-, rs. 1, 000/- and Rs. 2,100/- respectively. THE suit was filed for an amount of rs. 3, 803 08. It was decreed with a direction to credit an amount of Rs. 300/-, paid pending trial. Besides the principal amount and interest the decree-holder was allowed costs amounting to Rs. 876. 42. THE decree was on 24th March, 197 1. E. P. No. 59 of 1975 was filed for execution of the decree for an amount of Rs. 6,146/ -. THE revision petitioner claimed relief under Ordinance 1 of 1977 which was subsequently replaced by Ordinance 9 of 1977 and Act 17 of 1977. THE Court held that since the debt exceeded Rs. 3. 000/-the judgment debtor was not entitled to the benefit of Act 17 of 1977 (for short the Act ). It is this order that is challenged here.

(2.) ACCORDING to the petitioner, if interest and costs are not taken into account the balance amount due to the respondent would be less than Rs. 3. 000/-, and as such, he is entitled to relief under the Act. So far as interest is concerned, it is not disputed that the same is liable to be excluded in view of the definition of 'debtor' in S. 2 (4) of the Act. Relevant portion of the definition reads: "'debtor' means any person whose annual income does not exceed three thousand rupees, from whom any debt is due, but does not include (1) any person from whom debt or debts exceeding three thousand rupees (excluding interest) is or ace due: xx"

(3.) EVEN otherwise, since the Act does not contemplate reopening of appropriations already made, the amount mentioned as the balance on the date of the decree represents part of the principal amount left. This amount itself comes to more than three thousand rupees. The revision petition is, therefore, without merits. It is dismissed with costs. Dismissed. . .