ANNA Vs. OUSEPH

JUDGEMENT

(1.) The second defendant in the suit is the revision petitioner and the claim had been filed for enforcing a hypothecation bond. Admittedly part of the mortgage security was with usufructuary mortgagee, who was not impleaded as a party. The claim was decreed and the properties were sold in execution proceedings, which were purchased by the decree holder. It is common ground that no steps had been taken to obtain order under O.21 R.96, C.P.C. for the symbolical possession of the properties usufrucutarily mortgaged and in such circumstances the judgment - debtor has applied for getting the benefit of S.22 of the Kerala Agriculturists Debt Relief Act 31 of 1958 hereafter referred to as the Act. The relevant part of the section reads as follows:-