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2004 Supreme(Ker) 405

M.RAMACHANDRAN
Kerala State Financial Enterprises Ltd. – Appellant
Versus
The Meenachil Co-Operative Agricultrual & Rural development Bank Ltd. , – Respondent


Judgment :-

By order dated 28-12-1998 (Ext.P8), the joint Registrar of Co-operative Societies, Kottyam (third respondent herein) had overruled the objections of the petitioner in the matter of confirmation of sale of a landed property, admeasuring 2 acres and 98 cents of land with a building in Sy.No.341/4 of Thalapalm Village. This was purported to be in exercise of powers under section 21(3) of the Kerala State Co-operative Agricultural Development Banks Act, 1984 (Act 20 of 1984) [herein after referred to as Act 20 of 1984]. The application was at the instance of the first respondent-The Meenachil Co-operative Agricultural and Rural Development Bank Ltd. The objector was the petitioner-Kerala State Financial Enterprises Limited, represented by its Branch Manager, who had a claim that the property had been already mortgaged to them prior to the encumbrance created in favour of the first respondent-Bank. 4th Respondent was the owner of the properties, at the time when the properties had been mortgaged in favour of the petitioner, in the year 1994, by deposit of title deeds, as security in respect of Kuri transactions. Original Petition has been filed inter alia challenging the abo





























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