PUNDOOR RADHAKRISHNA PUNCHITHAYA Vs. H SANJEEVA RAO

JUDGEMENT

(1.) This appeal which is from the decree in a suit for money under a simple mortgage relates only to the question of costs. The appellants who were defendants in the suit contend that the Court below erred in allowing the plaintiff his costs and disallowing the costs of the defendants. The contention is based on S.3(2) of the Kerala Agriculturists Debt Relief Act, XXXI of 1958, as amended by Act II of 1961. Act XXXI of 1958 came into force on 14-7-1958 and the suit was filed on 11-11-1958, i. e., before the expiry of six months from the commencement of the Act. S.3(2) provides:

(2.) The principles governing appeals relating to costs have been summarised in Chitaley's Commentary on the Code of Civil Procedure thus:

(3.) The facts of this case are somewhat peculiar. The appellants came within the broad definition of agriculturist but as the Act originally stood there was a clause excluding persons liable to pay basic tax exceeding one hundred and fifty rupees per annum in any three years after 1950-51 and before the commencement of the Act. The explanation to this clause provided that: