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1991 Supreme(Ker) 266

THULASIDAS
Muhammed – Appellant
Versus
Canara Bank – Respondent


Judgment :-

The plaintiff in O.S. No. 53 of 1982 on the file of the Munsiff Court, Kasaragod, is the appellant. He filed the suit for injunction to restrain the defendants from taking steps under the Revenue Recovery Act to recover the amount allegedly due from him. He denied his liability pleading discharge and also alternatively set up a contention that the claim is barred by limitation. The defendants contested the suit. The 1st defendant claimed that Rs. 2958.50 and interest was due and there was no bar for recovery. The second defendant admitted having sent the certificate to the Village Officer, Kudlu, to recover the above amount as per the requisition he had from the 1st defendant.

2. The trial court dismissed the suit which was affirmed by the Sub Judge, Kasaragod, in appeal, A.S. No. 73 of 1984, by judgment dated 10-3-1987 which is challenged in this Second Appeal.

3. Heard counsel for the appellant and the respondent.

4. It is not in dispute that the plaintiff was granted an agricultural loan by the 1st defendant on 17-1-1975. Ext. B3 showed that the last payment made by the plaintiff was on 1-6-1977. The requisition under S.69(2) of the Revenue Recovery Act was issued by th
















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