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1997 Supreme(Ker) 146

K.A.ABDUL GAFOOR
Mahadevan Pillai – Appellant
Versus
Kerala Financial Corporation – Respondent


Judgment :-

K.A. Abdul Gafoor, J. This original petition was filed on 28.12.1992 challenging Ext. P6 and seeking a direction ‘to give sufficient publicity before the sale is conducted". Ext. P6 is a sale notice issued under the provisions of the Kerala Revenue Recovery Act notifying the sale of the property of the petitioner. One among the main contentions of the petitioner is that "there has been no publication of the sale notice as envisaged in S.49 of the Revenue Recovery Act". The petitioner sought for an order of stay of the sale proceedings. This Court granted a stay on condition that the petitioner shall remit a substantial portion of the amount in default. The petitioner could not comply with the condition. Therefore, the sale was conducted pursuant to Ext. P6. Subsequently, the petitioner sought amendment of the original petition corporations shall engage against Ext. P10, a statutory declaration of lawful succession of purchase of immovable property by the 3rd respondent, in favour of respondents 4 and 5 who had purchased the property in auction sale.

2. he petitioner, a Small Scale Industrialist availed loan from the Kerala Financial Corporation. He submits that as there









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