JOSEPH Vs. VARKEY JOSEPH

JUDGEMENT

(1.) This revision has come up before us on a reference made by Justice Kochu Thommen by his order dt. 4th April, 1986 on the ground that the judgement rendered by Justice Narendran in Veluthakunju v. Sankaran, 1979 Ker LT 501 requires re-consideration.

(2.) The petitioner is decree-holder, he having obtained the same in O.P. (DR). No. 66 of 1971 under Act 11/1970 from the Sub Court, Alleppey. A sum of Rs. 10,698/- was found due from the respondents as on 14-7-1970 and the respondents were required to, pay the same by 17 instalments. The petitioner was also entitled to future interest on the principal amount found due. The petitioner sought execution in E.P. No. 82/77 for the balance of the amount due to him. On 9th December, 1980 the respondents deposited Rs. 11,422.76 and prayed that it be certified that the decree is fully satisfied. In doing so a claim was made by the respondents to the effect that they are not liable to pay future interest from 14-10-1975 till 14-1-1977 having regard to the provisions of S.7 of the Kerala Debtors (Temporary Relief) Act, 1975 (Act 30 of 1975). The executing court accepted this contention and certified that the decree stands satisfied. It is the said order that was challenged by the petitioner in this revision petition.

(3.) The short question for consideration is as to whether the respondents are not liable to pay future interest as directed by the Sub Court, Alleppey for the period from 14-10-1975 to 14-1-1977. The contention of the petitioner receives full support from the judgement of Justice Narendran in Veluthakunju's case, (1979 Ker LT 501). The stand taken by the respondents, however, is that the said decision does not lay down the law correctly and that therefore the same requires re-consideration.