Vidhi Codex

section 7

Power of Court to decide doubts and disputes regarding amount payable under section 4.

The Kerala Agricultural Debtors (Temporary Relief) Act, 2001
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Statutory text
  1. (1) Any agriculturist who is entitled to pay his debts under section 4, other than a debt due to a co-operative society, or the creditor of any such agriculturist may apply to the court for an order fixing the amount payable under section 4, in the manner prescribed.
  2. (2) In an application under sub-section (1), the applicant shall state the correct amount which, according to him, is payable as due to him.
  3. (3) If the debt has ripened into a decree, the application shall be made to the court which passed the decree or to the court to which the decree has been sent for execution.
  4. (4) If the debt has not ripened into a decree, the application shall be made to the court competent to pass a decree for the recovery of the debt.
  5. (5) An application made by an agriculturist under sub-section (1) shall be dismissed, if he fails to deposit in the court to which the application is made, the amount of any instalment or instalments which, according to him, is payable by him under the provisions of this Act and his accrued dues: Provided that court may extend the time for making the deposit, for any just and sufficient cause.
  6. (6) Where an application is dismissed under sub-section (5), no fresh application for the same purpose shall be entertained.
  7. (7) A proceeding under this section shall, for purposes of enquiry and disposal, be deemed to be a proceeding to which section 141 of the Code of Civil Procedure, 1908, applies.
  8. (8) The court shall, by order, determine the amount which the agriculturist has to pay under the provisions of section 4 and the time within which such payment shall be made, and any payment made in accordance with such order shall be deemed to be a valid payment for the purpose of section 4.
  9. (9) The order passed by the court in an application filed under this section shall have the force of a decree of a civil court of competent jurisdiction and shall be executable as such.

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