KRISHNAN NARAYANAN Vs. GOVINDAN KUMARAN

JUDGEMENT

(1.) This revision under S.115 of the Code of Civil Procedure arises out of an application filed under S.20(1) of the Kerala Agriculturists' Debt Relief Act, 1970 (Act 11 of 1970). The plaintiff mortgagee filed the suit O. S. No. 159 of 1957 on the file of the Munsiff's Court, Kottarakkara, for recovery of the amount due under a hypothecation bond. In execution of the decree, the plaintiff decree holder himself purchased the equity of redemption. Thereafter the decree holder assigned his interest in the property to the revision petitioner who, as assignee decree holder, filed a suit O.S. No. 22 of 1969 for redemption.

(2.) After the Kerala Agriculturists' Debt Relief Act, 1970 came into force, the first defendant (judgment debtor) filed E. A. No. 682 of 1970 under S.20(1) of the Act for setting aside the court sale of decree schedule property. The learned Munsiff passed an order allowing the application. In appeal, the order has been confirmed.

(3.) Only one point, and that is a point which does not appear to have been specifically taken in the counter statement or argued before the learned Munsiff or Subordinate Judge, has been pressed before me. The contention of the learned counsel appearing for the revision petitioner is that S.20(1) of Act 11 of 1970 has no application where an application is made against an assignee decree holder. Though this point has not been urged before the lower courts, I am considering it in this revision being a question of law. S.20(1) of Act 11 of 1970 reads as follows: