MARY C GEORGE Vs. SHAREEFA BEEVI

JUDGEMENT

(1.) Two contentions are raised in this appeal. The plaintiff who sued on a promissory note obtained a decree against the second defendant. The first defendant was the executant of the note. As security for the amount borrowed under the note a mortgage by deposit of title deeds was created and the mortgaged properties were obtained by assignment by the second defendant from the first defendant who was the executant of the note. The first defendant has been exonerated from liability on the finding that an arrangement spoken to in the evidence of DW. 1 as to the exoneration of the liability of the first defendant stands proved. Though in the appeal one of the contentions is that a decree ought to be granted against the first defendant also we find that no court fee is paid in this court for this relief and counsel does not seek any opportunity to pay such court fee. So we decline to go into that question.

(2.) The only other question is whether the court below was right in permitting the discharge of the debt by the second defendant in instalments under the provisions of the Kerala Agriculturists Debt Relief Act, 1970. The finding is that the first defendant is not proved to be an agriculturist, but that the second defendant has been. We assume for the present that this finding is sustainable on the evidence in the case. Then the question is whether an assign of a debtor who happens to be an agriculturist can seek to discharge the debt under the provisions of the Kerala Act 11 of 1970 when the assignor who incurred the debt originally is not an agriculturist. If the debt is due from a non agriculturist would the assign of the debt who is an agriculturist seek the benefit of the provisions of the Act

(3.) The term "debt" is defined as liability in cash or kind due from or incurred by an agriculturist on or before the commencement of the Act whether payable under a contract or under a decree or order of a court or otherwise. We are leaving out the rest of the definition which may not be relevant for our present purpose. S.2 (5) provides that 'debtor' shall include "the heirs, legal representatives and assigns of the debtor".