section 9
Decree and orders against agriculturist.
The Kerala Agricultural Debtors (Temporary Relief) Act, 2001Finance200121 sections
Statutory text
- (1) Where in respect of a decree for a debt passed before the commencement of this Act, an Agriculturist fails to make any one of the payment specified in sub-sections (2) and (3) of section 4 or in the order on the application made under section 7, the decree-holder shall be entitled to execute the decree in respect of the instalment which is in arrears.
- (2) Where in any suit for the recovery of a debt pending at the commencement of this Act, the debtor claims to be an agriculturist, the court, on being satisfied that the debtor is an agriculturist, shall pass a decree for the immediate payment of such instalment or instalments as would have become payable under the provisions of sub-sections (2) and (3) of section 4 and for the payment of the balance in further instalments, as specified in the said sub-sections.
- (3) In any suit filed after the expiry of twelve months from the commencement of this Act for the recovery of a debt due from an agriculturist, the court in decreeing suit shall provide for the immediate payment of such instalment or instalments, as would have become due under the provisions of sub-sections (2) and (3) of section 4, and for the payment of the balance in further instalments as specified in the said sub-sections.
- (4) Where in any suit for the recovery of a debt or in any application for the execution of a decree in respect of a debt, the debt is payable by an agriculturist jointly with a non-agriculturist, the court shall pass a decree or make an order for the payment of the debt found due from such agriculturist as provided in sub-sections (2) and (3) of section 4 and make provision in the decree or order against the non-agriculturist, that he is not eligible for the benefits of the agriculturist as the circumstances of the case may warrant.
Study data processing for this section.
PDF: pending for this language.