LAKSHMI AMMA Vs. UMAYAMMA

JUDGEMENT

(1.) Decree holder in O. S. No. 31 of 1980 on the file of Sub Court, Kottarakkara is the revision petitioner. The revision petitioner was a subscriber to a kuri conducted by the respondent. She paid 37 instalments and she bid the kuri and demanded the chitty amount from the foreman. The respondent foreman did not pay the amount. The revision petitioner filed a suit for the realisation of the amount and the suit was decreed and E. P. 7 of 1981 was filed for realisation of the amount. The revision petitioner filed E. A. 146/81 for attachment of the security amount in the hands of the Registrar of Chitties. Notice was served on the Garnishee, the Registrar of Chitties. The chitty Registrar filed objection stating that in view of S.15(3) of the Kerala Chitties Act, 1975 the security amount is not liable to be attached by civil court in execution of a decree. The court below accepted the objection and dismissed the execution application. The revision is directed against that order.

(2.) Learned counsel for the revision petitioner contended that the revision petitioner is only a subscriber to whom amounts are payable by the foreman and by virtue of S.39 of the Chitties Act there shall be a first charge on the security amount for the payment of the chitty debts due to subscribers and therefore the amount lying as security in the hands of the Registrar is liable to be attached in pursuance of the decree passed against the foreman and the prohibition contained in S.15(3) is applicable only in respect of the decree obtained by the strangers.

(3.) S.15(3) of the Chitties Act reads as follows: