Parameswara Menon vs Anthony and Another

Sankaran, C.J.—Judgment-debtor is the appellant. He wanted to take advantage of the provisions of the Kerala Agriculturists Debt Relief Act, XXXI of 1958. His property was sold for the decree-debt and was purchased by the decree-holders in satisfaction of the decree-debt. This was on 7-6-1958. While the sale was pending confirmation, Act XXXI of 1958 came into force on 14-7-1958. The judgment-debtor put in application u/s 22 of the Act praying that the sale may be set aside. This application was filed on 30-9-1958 and the debtor-wanted to have the application to be treated as one under clause (3) of section 22; The lower court held that he cannot invoke the aid of that clause because the" conditions required by that clause are not satisfied in the present case. The essential condition to be satisfied for attracting clause (3) is that a petition for setting aside the sale must have been pending at the commencement of the Act. No such petition was pending on that date. The petition was filed only long after the Act. The lower court was therefore right in holding that the debtor cannot invoke the benefit of clause (3) of section 22.

In the result the order of the lower court is confirmed and this appeal is dismissed with costs.