ABDULKATHEERU HAMITH Vs. TRAVANCORE BANK LTD

JUDGEMENT

(1.) There is no merit in this appeal. Even if the contention of the appellant that he is an agriculturist entitled to the benefits of Act 31 of 1958 is to prevail his application must fail for the short ground that he has not deposited the first instalment within the period of 6 months prescribed by the Act. Extension of time cannot be claimed as a matter of right. The granting of such extension is a matter within the discretion of the court. The lower court exercised the discretion against the appellant petitioner. It has also to be pointed out that the application for extension of time was itself filed after the expiry of the prescribed period. Such an application had to be filed before the expiry of the prescribed period The petitioner wanted relief only in respect of a portion of the decree debt. There is no provision in the decree for thus splitting up the debt. The entire debt is charged on all the items and the petitioner as a vendee of item 2 has not come forward to pay the entire debt under Act 31 of 1958. Thus in any view of the case the dismissal of his application has only to be confirmed.

(2.) In the result this appeal is dismissed with costs.