The average of loan borrowed by the cultivators in Kerala was Rs.
127 for the number cultivatorhousehold.
From the Judgment and Order dated 17 8 1972 of the Kerala High Court in Original Petition No.
Of the average borrowing per family of Rs.
5576 and 6466 of 1970 and C.R.P. No.
420 and 442 445/73.
In spite of this companycession all the debtors were number able to pay off their debts as a result of which they lost their property which was sold in execution of the decrees brought by the creditors against them.
21 0 and Rs.66 respectively.
When however the debtors launched proceedings under the Act for restoration of the possession of the property on payment of the decretal amount the appellants had challenged the Act on the ground that it was unconsitutional as indicated above.
S. Krishnamoorthy Iyer, S. B. Saharya, K. Ram Kumar and B. Saharya for the Appellants in C. As.
358 per family as against Rs.
5576 of 1970 was filed by Pathumma who had obtained a decree in 1953, on the basis of a registered deed of mortgage, and had brought about the sale of some immovable properties.
318/ per household as against Rs.
442 445, the appellants have companye up to this Court as aforesaid.
The High Court has pointed out in its judgment that though the Act was preceded by Act 31 of 1958 under which benefits were companyferred on the debtors for debts incurred by the agriculturists before 14th July, 1958 but as this date was companysidered to be inadequate by an amendment in 1961 the date was extended to 14th July, 1959.
Civil Appeal No.
The companyresponding average for the cultivator and number cultivator was Rs.
In the meantime, the Kerala Agriculturists Debt Relief Act, 1970, hereinafter referred to as the Act, came into force, and the judgment debtors filed a petition for setting aside the sale and redelivery of properties under section 20 7 .
124 of 1971.
6466 of 1970 the judgment debtors, who were agriculturists, companymitted defaults in the payment of the instalments for the discharge of the debt under the debt relief law which was then in force.
442, 443 and 445 of 1973.
171 for number cultivators i.e. almost double of that of the cultivators.
of the judgment debtors who were agriculturists, as they were number able to pay the instalments which were payable under the debt relief legislation which was then in force.
A. Sayed Muhamed In CA 420/73 and K. M. K. Nair for I in all appeals and R. 2 in C. As.
3 10 and CA 445/73.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The High Court has also given the facts, figures and statistics to prove the economic companydition of the agriculturist debtors.
420 N of 1973 relates to the dismissal of Ps.
The creditor purchased the properties under a Court sale on October 18, 1964, which was duly companyfirmed, and took delivery of the lands.
The appeallants have assailed particularly section 20 of the Act which entitles the debtors to recover the properties sold to purchasers in execution of a decree passed in liquidating the debt owed by the agriculturists.
The very fact that most of the debtors were number able to pay debts and save valuable properties which were in their possession shows the pitiable companydition and the object poverty in which they live.
In O. P. No.
It was also found by the High Court that as many as 102867 suits were filed in various Courts in the St ate after 14 7 1958 and in most of them numberrelief companyld, be given to the debtors because of the expiry of the date.
In C. R. P. No.
Pathumma therefore chal lenged the companystitutional validity of section 20 of the Act by O.P. No.
In this companynection, the High Court has pointed out that the All India Rural Credit Committees Report, 1954 shows that 51.7 of the Rural families ill Kerala are indebted and out of this, the proportion between cultivators and number cultivators is 58.6 and 38.6 respectively.
420 of 1973.
The companytroversy in these appeals thus relates to the companystitutional validity of section 20 of the Act which provides, inter alia, for the setting aside of the sale of immovable property in execution of any decree for the recovery of a debt.
In the other appeals also decrees were obtained by the creditors against the debtors and on failure of the debtors to pay the instalments the property was sold and purchased at the auction by the decree holders themselves.
Pathummas son executed a deed of surrender in his fathers favour on April 18, 1969 who built a house and effected valuable improvements on the lands.
P. No.
As the High Court upheld the validity of section 20 of the Act by the judgment dated August 17, 1972, and also dismissed the petitions which are the subject of the other appeals Nos.
The sale was companyfirmed on July 5, 1968.
5576 of 1970.
The All India average borrowing per rural family was Rs.
The judgment debtors applied for setting the sale aside and for redelivery of the lands, when the Act came into force.
The properties were purchased by Pathumma benami, in the name of his son.
5576 of 1970.
Possession of the properties was taken from the judgment debtors during the period May 16, 1961 to March 15, 1967.
