SANKARANKUTTY NAIR Vs. JANAKI AMMA

JUDGEMENT

(1.) The only question urged by the decree holder-revision-petitioner is relating to the interpretation of the expression 'debtor' in the Kerala Debt Relief Act (Act 17 of 1977) (hereinafter referred to as the Act). S.2(4) defines the expression 'debtor' to mean "any person whose annual income does not exceed three thousand rupees from whom any debt is due", subject to the exceptions mentioned therein. As per the Explanation to the definition, the term 'person' shall include a family.

(2.) In the present case the revision-petitioner obtained a decree for recovery of Rs. 2,400/- and interest due under a promissory-note jointly executed by respondents 1 to 3. They raised a contention at the execution stage that each one of them falls within the definition of 'debtor' and the debt stands wholly discharged under S.3 of the Act. The execution court found that each of the respondents has income less than Rs. 3,000/-per annum, the exceptions do not apply to them and they fall within the definition of 'debtor' under the Act.

(3.) Counsel for the revision-petitioner Sri. C.S. Ananthakrishna Iyer submits that 'any person' referred to in the definition may also take in a plurality of persons and the question as to whether the debt stands discharged under the Act should be considered with reference to the income of all the persons who owe the debt. Counsel relies on S.12 of the Interpretation and General Clauses Act, 1125 as per which "in all Acts unless there is anything repugnant in the subject or context: