1. The appeal arises in execution, the appellant before us being the defendant-judgment-debtor and the respondent the plaintiff decree-holder. The suit was filed on 16th January, 1954 for recovery of the mortgage money by sale of the mortgage property and a decree for sale was passed on 23rd January, 1959. Pending suit the Kerala Agriculturists Debt Relief Act of 1958 came into force on 14th July, 1958. After decree the decree-holder filed E.P. No. 42 of 1959 on 4th August, 1959 for execution of the decree by sale of the property and notice thereof was issued to the judgment-debtor. The judgment-debtor thereupon filed C.M.P. No. 84 of 1960 on 6th January, 1960 raising his objections to the execution of the decree. One of the objections was that the judgment-debtor was entitled to damages for the demolition, of a shop-building, which existed on the property at the time of the mortgage. The second objection was either to direct the execution of the decree in instalments as contemplated by the provisions of the Debt Relief Act or to dismiss the Execution Petition altogether. There was another objection also, with which we are not concerned in this appeal. The lower court d