ACUTHAN NAIR Vs. SARASWATHY AMMA

JUDGEMENT

(1.) THIS revision is preferred against the order of the III Additional Munsiff Court, Thrissur in O.P.No.12/2005. It was an application filed for seeking discharge the charge created on the petition schedule property by virtue of the settlement deed. As per the deed of settlement, an amount of Rs. 2,000/= has to be deposited towards the amount due to the first respondent and Rs. 2,200/= to the second respondent including cost of the household articles. A petition is filed under Section 83 of the Transfer of Property Act to record the same. Validity of the document is not admitted. So it is under such circumstance, the petition has come up for consideration and the trial court has permitted the amount to be deposited in discharge of the amount contemplated under the document. The trial court also made it very clear that "hence the respondent's contention regarding the genuineness of the settlement deed and interest etc are left open to another appropriate proceedings and petitioner herein is permitted to deposit the change amount with notice to the respondents and respondents can receive the same".

(2.) THIS question had been directly considered by a learned Judge of this Court in the decision reported in Vasantha Kumari v. Sarojini (2008 (1) KLT 451). The learned Judge held that the question involved is whether