VELU Vs. KORATHU

JUDGEMENT

(1.) This appeal is against the order of Vaidialingam, J., allowing O. P. No. 1535 of 1962 under Art.227 of the Constitution.

(2.) The facts relevant are as follow:

(3.) S.9(3) of the Kerala Agriculturists Debt Relief Act, 1958 allows an agriculturist to plead and prove that a transaction executed by him as a sale of immovable property was really one of debt between himself and his vendee and, if that be established, to discharge that debt and redeem the property as if the transaction was really a mortgage. It runs thus: