BAPPU Vs. MOIDEENKUTTY

JUDGEMENT

(1.) The revision petitioners are heirs of one, who had executed a document purporting to be a sale deed. They had applied under the Kerala Agriculturists Debt Relief Act No. 31 of 1958, claiming the transaction not to be a sale deed, but a mortgage. The application is in the Form VIII to R.7 (2), which has been framed under S.24 of the Act and provides as follows:-

(2.) The respondents learned advocate has also taken the objection that no application can be made under S.9 (3), for the benefit under it is only conferred on parties to the transactions and the heirs of such parties cannot claim the relief. That objection is raised in revision for the first time, and, therefore I decline to adjudicate on it. The respondents, however, is at liberty to raise the objection in the lower court should he so wish to do so. Accordingly this revision petition is allowed, the order under revision is vacated and the court below is directed to proceed further with the application. The costs will abide the final result.