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1960 Supreme(Ker) 200

T.C.RAGHAVAN
Umbichi Ahmadu – Appellant
Versus
Kalyaniyamma – Respondent


Judgment :-

1. This Civil Revision Petition raises a question of some importance regarding the interpretation of S.15 of the Kerala Agriculturists Debt Relief Act of 1958; the question being whether S.15 applies to all the debts of an agriculturist or it applies only to such of his debts as would fall within the definition of debt in S.2 (c) of the Act. The petitioner in the revision filed a petition in the lower court under S.15 for a full settlement of all his debts and he also filed an interlocutory application for stay of execution of two decrees, the debt in one falling under the definition in S.2 (c) and the debt in the other being one excepted under clause (vi) of sub-section (c) of S.2, pending Settlement of his debts. The lower court stayed the former, but refused to stay the latter, holding that S.15 did not apply to such an excepted debt. Aggrieved by the said order the agriculturist debtor has filed this revision, claiming that the latter debt also comes within the purview of S.15 and therefore the lower court ought to have stayed the execution of the latter decree also.

2. S.15 (1) of the Act provides that any agriculturist who is unable to pay his debts under the foreg




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