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1963 Supreme(Ker) 4

S.VELU PILLAI
MAMMAD – Appellant
Versus
ABDUL SALAM – Respondent


Judgment :-

1. In this civil revision petition by the decree-holder, the point, which arises is one of limitation for the execution of the decree. The decree is dated the 22nd September, 1952. The first execution petition was made on the 21st September, 1953, and was dismissed on the 7th November, 1953; the next was made on the 19th September, 1957, and was dismissed on the 2nd December, 1957. The execution petition now under consideration was made on the 17th August, 1961. The Court heard the decree-holder before numbering and registering the execution petition and dismissed it as time-barred. For the decree-holder, this revision petition was supported on the ground, that under the Kerala Agriculturists Debt Relief Act, 1958 (Act 31 of 1958) which came into force on the 14th July, 1958, the decree became executable for the amount of each instalment from the date thereof, and for the whole amount of the decree from the date of the 6th instalment, no payment or deposit having taken place in the meanwhile, and therefore the present petition is within time. The judgment-debtors who have appeared to contest this revision petition, disclaimed that they are agriculturists and contended t






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