SUMITHRAN NAMBIAR Vs. PARUKUTTY AMMA

JUDGEMENT

(1.) S.5 of the Kerala Stay of Eviction Proceedings Act, (Act 9 of 1967) ordains that "all suits, applications, proceedings in execution of decrees or orders and other proceedings pending in Courts or Land Tribunals" pending at the commencement of that Act "for recovery of ....... arrears of rent or damages shall be stayed"

(2.) In the decision reported in 1962 KLT 3 , an allied question was considered. A promissory note was executed in lieu of arrears of rent and the question was whether the liability under the promissory note would stand discharged by virtue of S.34 of the Agrarian Relations Act, (Act 4 of 1961) on the footing that the pronote liability was rent liability. Madhavan Nair J., dealing with this question, observed:

(3.) However, Counsel for the petitioner very fairly pointed out that in the Kerala Stay of Eviction Proceedings, (Amendment) Act 1969 (Act 5 of 1969) there is a slight change in phraseology. Even proceedings "incidental or ancillary" to those dealt with in S.5 of Act 9 of 1967 are liable to be stayed under the new Act. I am not prima facie persuaded that the present proceedings can be caught in the coils of the additional words used in S.7 of Act 5 of 1969. However. I do not want to pronounce on it one way or the other because it is perfectly open to the judgment debtors respondents to try their "luck" in the executing court under Act 5 of 1969. I leave open that question, but allow the Civil Revision Petition. In the circumstances there will be no older as to costs.