NEELACANTA IYER SUBRAMANIA IYER Vs. THOMMEL GEORGE

JUDGEMENT

(1.) This is an appeal from the decision in A. D. R. A. No. 27 of 1959 of the Principal Sub Court of Alleppey. The appellant was the first counter petitioner in that application.

(2.) The application which has been allowed was for relief under S.11 of the Kerala Agriculturists Debt Relief Act, 1958. That section embodies the special provision in respect of usufructuary mortgages executed by agriculturists. Sub-s.(1) of that section provides that the section subject to the provisions of S.25 with which it is agreed we are not concerned applies to all subsisting mortgages executed by an agriculturist at any time before the commencement of the Act and by virtue of which the mortgagee is in possession of the property mortgaged to him or any portion thereof.

(3.) There is an explanation to sub-s.(1). It is agreed that the explanation is of no consequence to this case.