JOSEPH Vs. KERALA SERVICE BANK LTD

JUDGEMENT

(1.) This is a revision filed by the debtors, against the order of the learned Subordinate Judge of Kottayam dismissing the application filed by them namely, DRP. 73/59, under S.15 of the Kerala Agriculturists Debt Relief Act, 1958-Kerala Act XXXI/1958.

(2.) In the application, the petitioners had stated that they are unable to pay the debt mentioned in the application under the provisions of the Act and the object was to have a settlement of their debts in relation to the various creditors who are also shown in the application.

(3.) The main objection that was taken before the learned Judge appears to have been that the 2 items of property shown as assets in the application, had already been sold in a court auction held on 26-6-58 in execution of the decree obtained by the first counter petitioner in the lower court in O.S. 20/1955, Kottayam District Court. The controversy appears to have been as to whether, in view of this circumstance, the application filed by the petitioners was maintainable.