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1996 Supreme(Ker) 167

K.SREEDHARAN, P.K.BALASUBRAMANYAN, J.B.KOSHY
Kerala Fisheries Corporation – Appellant
Versus
P. S. John – Respondent


Judgment :-

Balasubramanyan, J.

W. A. No. 76 of 1990 is filed by the Kerala Fisheries Corporation Lid., an institution specified under S.71 of the Revenue Recovery Act, hereinafter called 'the Act' as per Notification dt.19.12.1972 and W. A. No. 84 of 1990 is filed by the District Collector and the Tahsildar the authorities under the Act. Respondent No. I in the Writ Appeals, entered into an agreement with the Fisheries Corporation for purchase of fish from the fishermen under the control of the Corporation and to pay the price of the fish to the Corporation on the terms agreed upon by the parties. Though respondent No.1 collected the fish he did not pay the price, inspite of being called upon to do so. The Fisheries Corporation therefore, filled a suit O.S.223 of 1973 on the file of the Subordinate Judge's Court of Kottayam. The said suit was decreed in favour of the Corporation on 29.3.1974 providing for recovery of a sum of Rs. 41823.70 with 6% interest thereon from the date of suit and the costs of suit. The Fisheries Corporation did not execute the decree, but on 13.I.1986, applied to the District Collector for initiation of proceedings under the Revenue Recovery Act for recove















































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