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1996 Supreme(Ker) 265

J.B.KOSHY
Kuriako – Appellant
Versus
Baby – Respondent


Judgment :-

J.B. Koshy, J.

Revision petitioner is the additional sixth judgment debtor in E.P. No. 345 of 1991. The first judgment debtor availed a loan from the Regional Service Co-operative Bank, Kaduthuruthy. Her father late Devasia offered 40 cents of property belonging to him as security by executing Security Bond, Ext. A6, dated 7.12.1977. The 40 cents offered as security by Ext. A6 is described as a southern most portion of 80 cents obtained by him in partition deed Ext. Al. In Ext. Al partition deed 1 acre 62 cents are divided into equal halves and one part was alloted to Ouseph elder brother of Devasia in Schedule 'C' and the remaining part was allotted to Devasia in Schedule U. Out of the D schedule property in the partition deed 40 cents were given as security by Ext. A6. Since the loan was not repaid, Bank had obtained an award against the first judgment debtor and the guaranter Devasia as second judgment debtor. The Assistant Registrar of Co-operative Societies Vaikom, sold the property secured in public auction. Respondent herein purchased the property in the auction held on 24.4.1989. Second judgment debtor in the award whose property was sold died on 23.11.1987. His










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