KORUTHU Vs. VELU

JUDGEMENT

(1.) IN this writ petition,Mr.T.N.Subramania Iyer,learned counsel for the petitioner,challenges the order of the learned Subordinate Judge,Quilon,holding that the first respondent in these proceedings is entitled to the benefits of section 9(3)of the Kerala Agriculturists Debt Relief Act,1958,Act XXXI of 1958,and in consequence permitting him to discharge,what he calls the ˜debt &rsquo ;,in the manner indicated under the Act.

(2.) IT will be seen that this matter originally appears to have been filed as Civil Revision Petition No.1234 of 1960 under section 115 of the Code of Civil Procedure;but doubts appear to have been entertained as to whether a revision is maintainable.My learned brother,Mr.Justice Raghavan,gave permission to the petitioner to convert the C.R.P.into an Original Petition under Article 227 of the Constitution and finally by his order,dated 7th June 1962,passed in C.M.P.No.3855 of 1962,the learned Judge has given the petitioner permission to convert the C.R.P.into an Original Petition.In consequence,this writ petition was filed on 16th August 1962 and in view of the fact that this writ petition is really the old C.R.P.No.1234 of 1960 in another form,at the time of admission itself,directed that the matter should be disposed of as expedi­tiously as possible.

(3.) THE first respondent defaulted in the matter of execution of the document and ultimately the petitioner had to institute O.S.No.925 of 1118 in the Court of the District Munsiff of Quilon for specific performance of the agreement of sale.Along with the plaint,the petitioner also deposited the balance consideration mentioned in Ext.D -1,namely Rs.1,000.