KUNHIPATHUMMA Vs. ASSU

JUDGEMENT

(1.) THE short question for decision in this case is whether the mesne profits decreed in a partition suit come within the definition of "debt" under Kerala Act XXXI of 1958. THE lower court answered the question in the affirmative and in that view stopped the proceeding in execution of the decree for six months from the date of commencement of Act XXXI of 1958. THE Civil Miscellaneous appeal is directed against that order.

(2.) THE learned advocate of the appellants contends that the decree for mesne profits does not constitute a "debt" as defined under S. 2 (c) of Act XXXI of 1958. According to him, it is in the nature of a liability arising out of a breach of trust and therefore, it i is excepted from the definition of "debt" contained in S. 2 (c) by sub- cl . (iii) thereof.