KUNHAMIM Vs. AMMOTTY MARIAM

JUDGEMENT

(1.) This revision petition is filed against an order passed in execution of a decree rejecting the judgment debtor's application for benefit under Act 17 of 1977. The plaintiff filed a suit to recover possession of a portion of a property trespassed upon by the defendants. That was decreed with mesne profits. When the plaintiff decree holder applied for execution of the money portion of the decree the judgment debtor came forward with the application that he is a 'debtor' within the meaning of the definition of that word given in Act 17 of 1977 and that he is entitled to a declaration that he is statutorily discharged from the liability under the decree. The decree holder raised, besides other contentions, the contention that the debt is exempted from the definition of the word 'debt' inasmuch as it is a liability arising out of a tortious liability. This contention has been accepted by the executing court and hence this revision petition.

(2.) What will amount to a tortious liability is not capable of being precisely defined or expressed. Winfield on Tort, 10th Edition, contains the definition of tortious liability thus--