AHAMMAD ALIAS KUNHU Vs. ACHUTHA MENON

JUDGEMENT

(1.) The plaintiff's Small Cause Suit instituted on July 24, 1961, on a promissory note dated January 23, 1958, 23rd July, 1961, was a holiday has been dismissed by the Munsiff as beyond time. The plaintiff has come up in revision, which is referred to a Bench by Joseph J.

(2.) That the debtor is an agriculturist within the definition of the Kerala Act, XXXI of 1958, is not in dispute here. The contention is that, by the effect of S.4 of the said Act, the promissory note has become one payable by instalments within the meaning of Art.74 or 75 of the Limitation Act, 1908, and therefore the starting point of limitation with respect to each instalment is the date on which it fell due under the section or with respect to the whole debt when default has been made of six consecutive instalments. Counsel relied on Bichal Naidu v. S. K. Muthuramalingam 75 LW 477, in which the Madras High Court has held the effect of a like provision in the Madras Indebted Agriculturists Relief Act, I of 1955, to be to sever the integrality of the debt into distinct parts for purposes of limitation and the right to sue. But that Act contains no provision like S.3(2) of the Kerala Agriculturists Debt Relief Act, XXXI of 1958, which reads:

(3.) The C. R. P. has no force. It is dismissed.