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1994 Supreme(Ker) 361

M.M.PAREED PILLAY, T.V.RAMAKRISHNAN
Subhadra – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Ramakrishnan, J.

The question raised in this appeal by the plaintiff in a suit for declaration and injunction is whether the plaint schedule property assigned to her by her late husband can be proceeded against and sold under the Revenue Recovery Act, 1968 (for short the "RR act" ) for realisation of dues outstanding from her husband under the Kerala Toddy Workers' Welfare Fund Act (for short "the Welfare Fund act" ). The appeal is before us on a reference made by Sankaran Nair, J. since the learned judge was of the opinion that an authoritative pronouncement is called for on the point.

2. Briefly stated the relevant facts are thus: The plaintiff has purchased the plaint schedule property from her late husband as per Ext. Al sale deed dated 25-1-1979. Plaintiff received from the second defendant-Tahsildar, Kunnathunadu Ext. A2 notice dated 17-12-1982 informing her that an amount of Rs.13,838.04 is outstanding as arrears towards Toddy Workers' Welfare Fund from the plaintiffs late husband and calling upon her to show cause why revenue recovery proceedings should not be taken against the plaint schedule property since she has purchased the same from her husband. Plaintiff s




















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