VELAPPA PILLAI Vs. GOVINDA PILLAI

JUDGEMENT

(1.) In this appeal on behalf of the second defendant Judgment debter appellant, Mr. N. Govindan Nair, learned counsel challenges the order of the learned District Judge, Trivandrum dismissing an application filed by the appellant claming relief in respect of the decree in question under Kerala Act 31/1958.

(2.) The appellant had executed a sale deed and there is no controversy that in respect of the unpaid portion of the purchase money there was a hypothecation executed on 14-12-1119. The respondent obtained a decree on the basis of the hypothecation bond in O. S. 63/1123.

(3.) The appellant filed C.M.P. 2277/60 claiming relief under Kerala Act 31/58. Objection was taken by the decree holder to the claim made by the appellant, on the ground that the debt in question does not come within the purview of Act 31/58 in as much as it represents the balance of sale consideration payable by the appellant.