KHADIJA UMMA Vs. PARU

JUDGEMENT

(1.) In this petition under Art.226 of the Constitution the petitioner seeks certiorari against the orders passed by the Tribunal and the Appellate Authority, in proceedings under S.4 of the Kerala Debt Relief Act, 1977 (Act 17/77). Before setting out the facts and examining the grounds of attack, it will be useful to briefly notice the relevant provisions of the Act.

(2.) The Act ia designed "to provide relief from indebtedness to certain persons in the State of Kerala". 'Debt' is defined as any liability in cash or kind, whether secured or unsecured, subsisting at the commencement of the Act, but excluding those specifically enumerated in the definition clause itself. 'Debtor' is a person whose annual income does not exceed Rs. 3000/-and whose total indebtedness does not also exceed Rs. 3000/-. S.3 provides for "discharge of debt". Every debt and interest thereon payable by a debtor (to a creditor) shall be deemed to be wholly discharged, with effect from the commencement of the Act. Civil courts are barred from entertaining suits against "debtors" from such commencement, and all pending suits and other proceedings for recovery of debts are to abate. Movable properties pledged by a debtor shall stand released, and mortgages executed by debtor shall stand redeemed. As we are in this case concerned with a mortgage and its redemption, it is necessary to reproduce S.3(f):-

(3.) Rules have been framed under the Act. These provide that an application before a Tribunal under S.4(1) is to be filed in Form 1. On receipt of the application, the Tribunal is to issue notice to the creditor, and when objections are received, they are to be enquired into. Evidence can also be allowed to be adduced. The order passed by the Tribunal is to be communicated to the parties and also to the District Collector. No separate application for execution of the order is contemplated. R.8 only provides that for the purpose of putting a debtor in possession of the property under S.4(5), the Tribunal may issue a warrant in Form 6 to any of the members of its staff. It can also direct the giving of police or other assistance "for due execution of the warrant".