PULIKKOTTIL THARAPPAN Vs. PERUMBULLI MANAKKAL PURUSHOTHAMAN NAMBUDIRI

JUDGEMENT

(1.) The questions arising for determination in this Civil Revision Petition are three:-

(2.) The revision petitioner moved the Munsiff's Court, Wadakkancherry on 6-4-1961 to set aside an execution sale which was held on 15-3-1961 for arrears of rent due from the Revision Petitioner. This application was rejected and availing himself of the provision in S.23A of the Kerala Agriculturists Debt Relief Act, 1958 (hereinafter referred to as the Act) an appeal was filed before the Additional Subordinate Judge, Trichur. It is from the order dismissing that appeal that this revision is moved.

(3.) A preliminary objection was taken by the counter petitioner that in view of the provision in S.23 A of the Act that the order passed in appeal shall be final this Court is precluded from dealing with the revision petition. We shall read S.23A: