K MUHAMMADKUTTY HAJI Vs. NARAYANAN NAMBUDIRI

JUDGEMENT

(1.) The petitioners herein are the defendants, judgment debtors, in a decree on a promissory note. When execution was taken, they contended that the promissory note had been executed for the arrears of rent then due, and therefore the execution was really a proceeding to realise arrears of rent and had to be stayed under the Kerala Act I of 1957. The court below overruled the objection, and amended the decree under S.7 of the Kerala Agriculturists Debt Relief Act, 31 of 1958.This petition is to revise that order.

(2.) S.4 of Act I of 1957 applied only to suits or other proceedings for: the recovery of arrears of rent. Here, the proceedings were not to recover arrears of rent, but money due under a promissory note; and therefore the section could not be applied to the instant case.

(3.) Counsel for the petitioner contends that under S.34 of the Agrarian Relations Act, IV of 1961, all arrears of rent accrued before 1957 would stand discharged if payment is made of one year's rent before 15-2-1962, and on such payment being made, which the petitioners propose to do in due time, the promissory note and the decree based thereon would fail in consideration and therefore execution should not be allowed to be taken before 15-2-1962. I do not see any force in his argument.