GOVINADA KYMAL Vs. VELU

JUDGEMENT

(1.) The judgment - debtors property having been sold in execution on June 6, 1956, petition to set aside the sale under O.21, R.90 was filed in due time, and thereby its confirmation was averted. On September 11, 1956 the Travancore - Cochin Indebted Agriculturists Relief Act 3 of 1956 came into force; and on November 8, 1956, the judgment - debtor filed a petition before the executing court to allow him to discharge the decree as per the provisions in that Act and nullify the sale. On November 26, 1956, the learned Munsiff found that the defendant has not made out any material irregularity or fraud in the conduct of the sale, dismissed the petition under O.21 R.90, held that merely because the sale was not confirmed the petitioner cannot be considered to have any right in the property sold; by the sale the rights of the petitioner have ceased in the decree-schedule properties; he cannot therefore claim any relief under Act 3 of 1956, and dismissed the latter petition also. The judgment - debtor took the matter in appeal. C.M.A. No. 40 of 1957 was against the order dismissing the petition under O.21, R.90, and A.S. No. 15 of 1957 against the order disallowing the petition under Act 3 of 1956. The learned District Judge allowed them both. CRP. No. 262 of 1958 is against the order allowing the petition under O.21, R.90, CPC., and S.A. No. 246 of 1958 is against the order allowing the petition under Act 3 of 1956.

(2.) It is not denied that the judgment - debtor in the instant case is an agriculturist within the meaning of Act 3 of 1956, or that, if the debt is found to subsist at the commencement of the Act in spite of the unconfirmed court sale, the judgment - debtor would be entitled to the benefits of the Act to get the decree discharged as per its provisions.

(3.) Act 3 of 1956 does not provide for setting aside sales held in execution. It defines debt as meaning any liability in cash or kind, whether secured or unsecured, due from an agriculturist on the commencement of this Act, whether payable under a contract or under a decree or order of a Court, Civil or Revenue, or otherwise .........