NARAYANAN POTTI Vs. RAMAKRISHNAN

JUDGEMENT

(1.) The appellants are the counter petitioners in proceedings under S 20 of the Kerala Agriculturists' Debt Relief Act, 1970 (Act 11 of 1970). The petition was disallowed by the learned Subordinate Judge, but it was allowed on appeal by the learned District Judge.

(2.) The only question which arises now is whether the respondents in this appeal are entitled to the protection of S.20(1) of the Act. It is admitted that the respondents are agriculturists. It is also admitted that the equity of redemption in certain immovable properties was assigned in their favour under various documents dated 18-11-1124 M.E. (1949) by the defendants in O. S. No. 3 of 1124 against whom the appellants obtained a money decree dated 21-8-1951. The equity of redemption was later sold on 20-12-1958 in court auction in execution of the decree and it was purchased by the appellant themselves (the decree holders). The sale was confirmed on 19-1-1959.

(3.) It is contended by Shri Sudhakaran on behalf of the appellants that the protection of S.20(1) does not extend to assigns of judgment debtors. He submits that, although the expression debtor' under S.2 includes assigns of debtors, S.20 is a special provision meant for a special class of debtors, viz. judgment debtors, to whom the definition of 'debtor' under S.2 does not apply. It is therefore submitted that an assign of a judgment debtor is not entitled to seek the protection of S.20(1).