KUTTAPPA KURUP Vs. SREEDHARAN UNNI

JUDGEMENT

(1.) The case has been referred to a Full Bench as it was felt that the Division Bench ruling in Soolapani Wariyar v. Padmavathy Amma 1966 KLR 512 contained certain observations which may require reconsideration.

(2.) The question arises on a petition filed by way of objection to the report of the receiver in connection with an application under S.15 of the Agriculturists Debt Relief Act for settlement of debts. The objection filed by Revision petitioner, a usufructuary mortgagee from the debtor, was that he cannot immediately be dispossessed, nor possession taken from him, and that the properties subject to the usufructuary mortgage, taken possession of by the receiver should be restored to him. The court below dismissed the application.

(3.) S 15 of Act 11 of 1970 provides for applications by persons unable to pay their debts. S.15(3) lists the particulars to be contained in the application. Clauses (d) and (e) of the same which are particularly important read as follows: