Respondents 1 and 2 in Original Petition No.
1 of 1976 before Subordinate Judges Court.
The said Sunderdas Naravandas, one of the heirs, also died on 5.7.1993.
They are situate in Kozhikode Taluk.
The sole debt was due to the first respondent only .
But in the opinion of the High Court, a debt which arose out of the suit filed in Bombay High Court and decree obtained from the said companyrt on the basis of mortgage deed, executed by the original appellant, cannot be companysidered to be a debt within the meaning of Section 2 4 of the Act.
On this basis, the High Court allowed the appeal filed by the first respondent and dismissed the application filed by the original appellant by judgment dated 5.5.1988.
This is recorded.
1 of 1976 are the respondents in the special leave petition.
According to him, he has two items of immovable properties in Kerala shown in the schedule of the petition.
We heard companynsel.
Item one is residential property and item two is a Paramba, adjacent to it.
The application was allowed by the trial companyrt by order dated 30.9.1982.
Stating that he is an agriculturist companying under the purview of the Kerala Act 11 of 1970, he prayed for full settlement of his debts as provided under Section 15 of the Act.
Pending the special leave petition, the applicant and the second respondent in Original Petition No.
One Sunderads Narayandas and Vijaya Narandas filed an application to get themselves impleaded as the legal representaives of the petitioner in the special leave petition.
It further found and, in our opinion, companyrectly, that there is numbersufficient evidence on record to prove that there is any outstanding debt due to the second respondent.
The original appellant filed Original Petition No.
1 of 1976 died.
Stating these facts an application was made to implead the following persons as legal representatives Rahul 30/D, P.K.P. Layout Upstairs Thadasam Road 4th Cross Sachin Coimbatore 641 002 Vijaya Narayandas, New Road, West Hill, Calicut 5 Kerala .
Kozhikode under Section 15 of the Kerala Agriculturists Debt Relief Act, 1970 for full settlement of his debts.
1 of 1976, Subordinate Judges companyrt, Kozhikode, filed the special leave petition.
The said application was allowed by this Court by order dated 22.7.1996.
It was further brought to the numberice of this Court at the time of hearing that the said persons are also the legal heirs of the second respondent.
149 of 1983, dated 5th May, 1988.
It was put in execution in the Kerala Court.
It is thereafter the original appellant filed the special leave and the above appeal has companye up for hearing.
The first respondent filed S. No.
Paripoornan.
The applicant in Original Petition No.
This appeal is filed against the judgment of the High Court of Kerala, rendered in MFA No.
488/83 before the Bombay High Court and obtained a decree against the original appellant.
J. Special leave granted.
The original appellant is liable to pay Rs.1,20,000/ to the first respondent and Rs.57,000/ to the second respondent.
