K.S. Radhakrishnan, J.

Question that has come up for consideration in this case is whether a decree obtained by a bank before the introduction of S.26B of the Kerala General Sales Tax Act, 1963 would override the first charge created in favour of the State.

2. The South Indian Bank Ltd. instituted a suit, O.S.720 of 1992 before Sub Court, Trichur for realization of amounts due to the bank. Loans were secured by equitable mortgage of immovable properties created by deposit of title deeds by respondents 3 to 5. Suit was decreed on 30.1.1995 for an amount of Rs. 3,51,36,073.18 inclusive of costs with future interest at 23.25% from the date of suit till realization by sale of items 1 to 12 in the plaint A schedule immovable properties and also the movables described in plaint B to F-schedule. Bank also filed OA.1081 of 1998 before the Debts Recovery Tribunal, Chennai for recovery of the amounts as per the decree by sale of immovable properties mortgaged in favour of the bank. Noticing that the second respondent Tahsildar initiated proceedings for sale of some of the items of properties mortgaged in favour of the bank for recovery of arrears of sales tax due from respondents 3