APPU Vs. CHANDUKUTTY

JUDGEMENT

(1.) The petitioner is the judgment debtor in a decree for recovery of a debt. When execution was taken for realisation of the amount under the decree, the petitioner claimed benefit under Act 17 of 1977. The Munsiff, Kozhikode-II overruled the objection and allowed execution holding that the debt excluding interest being more than Rs. 3000/-, the petitioner is not entitled to the benefit of the Act. The above order is challenged in this revision petition.

(2.) The decree is for Rs. 3,468-55, interest on the principal amount Rs. 2,680/- from 6-11-73 at 6 per cent and costs amounting to Rs. 519-25 p. The petitioner paid Rs. 700/- on 28-12-73- This sum was adjusted towards the consolidated amount consisting of Rs. 3468-55 P. and interest on Rs. 2680/- due on that date The execution petition is for the balance amount and costs. The argument put forward on behalf of the petitioner is that for the purposes of the Act, the above payment of Rs. 700/- should be credited towards the principal amount of Rs. 2680/- and not towards the consolidated amount. If that is done, the debt excluding interest was less than Rs. 3000/- on the date of commencement of the Act - costs decreed being taken as part of the debt He, therefore, claims that he is entitled to have the debt declared as discharged.

(3.) S.2 (6) defines interest: