Elizabeth Jacob – Appellant
Versus
District Collector, Idukki – Respondent
ORDER (R.V.RAVEENDRAN, J.)
The Revenue Divisional Officer, Devikulam (second respondent herein), the Authorised Officer and delegate of the District Collector under the Kerala Revenue Recovery Act, 1968 (in short `the Act) attached the immovable property (land bearing Survey No.1131 of Peermade measuring 9.39 acres) belonging to Ansari and others under section 36 of the Act, on 9.1.1992, to recover their abkari dues to the state government. The property was put up for sale by public auction under section 49 of the Act. The appellant was the successful bidder in the auction held on 5.6.1998. The sale was confirmed in her favour on 28.7.1998 under section 54 of the Act. On payment of the entire consideration of Rs.3,65,500/- a sale certificate was issued under section 56 of the Act, on 7.10.1998 (duly registered in the office of jurisdictional Sub-Registrar on 13.10.1998). In pursuance of such sale, the property was mutated in the revenue records in the name of the appellant and she paid the tax due in regard to the said property on 19.11.1998. The sale was not challenged by anyone. It has not been cancelled by any authority, nor set aside by any court.
2. As there was some resistanc
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