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1965 Supreme(Ker) 299

S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
KARTHIANI AMMA – Appellant
Versus
LORD KRISHNA BANK LTD. – Respondent


Judgment :-

1. The appellant in A. S.462 of 1960 is the second judgment-debtor and the revision petitioner in C. R. P. 645 of 1964 is the debtor-petitioner, in two separate proceedings under the Kerala Agriculturists Debt Relief Act, 1958, Act 31 of 1958, against their respective creditors, two banking companies, who are the respondents before us. The appeal and the civil revision petition concern chiefly the application of S.4 (2) and (3) of the Act, to the debts due to the respondents. For the appellant and for the revision petitioner, it was contended, that the computation of these debts for payment under the Act must be in accordance with S.4 (2) and (3), read in the light of the definition of the term'principal' in S.2 (h). For the respondents it was contended that each of the debts being in excess of Rs. 1,500 and having arisen out of a single transaction, is outside the purview of the Act, except to the extent indicated by the proviso to S.2 (c) (xi), under which not only the provisions of S.5 but also of S.4 (2) in which the term 'principal' occurs, are excluded, although the latter is referred to in S.4 (3), and so the debts must be computed in terms of the provisions of t






















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