1. This case comes up before a Division Bench on reference by Varghese Kalliath, J, doubting the correctness of the decision of a learned single judge of this court in Maniyan v. Federal Bank Ltd. (1988 (2) KLT 722). In that case it is held that for the reason of the decree holder's election to resort to the procedure under the Revenue Recovery Act, he is precluded from executing the decree of the civil court and the decree itself is void ab initio as one passed without jurisdiction.

2. A similar question arises for decision in this C.R.P. The revision petitioner namely, the Canara Bank had advanced a loan to the respondent for agricultural purposes. For failure of the respondent to repay the loan, the bank took revenue recovery proceedings by resort to the notification S.R.O. 797/79 issued by the Government of Kerala in exercise of the powers under S.71 of the Kerala Revenue Recovery Act (Act 15 of 1968). The relevant part of the notification is extracted below:

"S.R.O. No.797/79 -- In exercise of the powers conferred by S.71 of the Kerala Revenue Recovery Act, 1968 (15-6-1968) and in supersession of the Notification No.686/B3/78/RD dated the 24th November 1978 published