LAWS(KER)-1964-7-5

SANKARA BHATTA Vs. RAMAYYA SHETTY

Decided On July 09, 1964
SANKARA BHATTA Appellant
V/S
RAMAYYA SHETTY Respondents

JUDGEMENT

(1.) In this revision Mr. P. R. Balachandran, learned counsel for the debtor petitioner, challenges the order of the learned Subordinate Judge, Kasaragod overruling the objections made by his client in execution proceedings taken by the decree holder.

(2.) The decree itself was in respect of arrears of rent for two years 1959 and 1960. It is seen that the petitioner appears to have deposited certain amounts towards the claim of the plaintiff and after obtaining decree, the plaintiff in execution applied for payment out of those amounts to him.

(3.) The judgment debtor namely, the petitioner, raised objection on the ground that he is entitled to the benefits of Kerala Act 7 of 1963 and therefore the entire amount should not be paid over to the landlord.