MOHAMMED BAVA ABUBACKER Vs. SOUTH INDIAN BANK LTD

JUDGEMENT

(1.) ELEGANCE of diction apart, lucidity of language is a vital virtue in a judgment and this case illustrates the possibility of parties becoming martyrs of ambiguity, thanks to misapprehension about their position traceable to lack of clarity in the judgment.

(2.) A certain debtor filed a petition under S. 15 of the kerala Agriculturists Debt Relief Act, Act 31 of 1958 a quasi-insolvency provision stating that he was entitled to a settlement of his debt's as contemplated in that provision. A. D R. P. No. 26 of 1961, i. e. the petition aforesaid, was heard on the merits and disposed of by the Subordinate Judge recording findings on the various points for determination framed in the case. The points raised therein were: L That the petitioner has included in the petition, assets which do not really belong to him. ii The petitioner is able to pay his debts. iii. The petitioner is not an agriculturist in that he pays sales-tax, iv. The debt of the 3rd counter-petitioner does not come within the purview of the Act.

(3.) THE revision petition is dismissed; no costs. Dismissed.