KOCHUKUNJU KUNJUKUNJU Vs. SANKARAN AMBUJAKSHAN

JUDGEMENT

(1.) THE sale in O. S. No. 182 of 1118 of the Munsiff's court of Kottarakara was set aside by that court in pursuance of a petition under s. 22 (1) (ii) (b) of the Kerala Agriculturists Debt Relief Act, 1958 (Act 31 of 1958 ). THE auction purchaser filed an appeal against the said order before the district Court of Quilon, A. S. No, 375 of 1959, and succeeded in the appeal. This Civil Revision Petition challenges the correctness of the appellate decision.

(2.) IT is common ground that the decision of the appellate court has to be affirmed in case the debt in question is not a debt as defined in Act 31 of 1958, and that that decision has to be reversed, if the debt concerned is a debt as defined in that Act. We have come to the conclusion that the debt is a debt as defined in Act 31 of 1958 and is not excluded from that definition.

(3.) THIS decision was followed in A. I. R. 1943 Madras 213,33 Cochin 270 and 1960 K. L. T. 10. We see no reason to differ. And if the intention of the Legislature was only to specify the category of cases to which the Act was not to apply and the exclusion of such categories of debt does not depend on the subsistence of the charge but on the question whether in the beginning the liability was one. falling within the category, the, only further question can be whether the liability before us falls within the category or not.