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1986 Supreme(Ker) 72

U.L.BHAT, THOMAS
RAHIMA BEEVI – Appellant
Versus
KERALA FINANCIAL CORPORATION – Respondent


Judgment :-

1. The Kerala Financial Corporation (for short'the Corporation') filed an application before the Additional District Judge, Mavelikkara for an order of sale of certain items of properties in realisation of a sum of about 2 and half lakhs of rupees due from the appellant and another person. The properties include 43 cents of land and the building thereon which have been mortgaged by the appellant with the Corporation as security for the loan granted to an industrial concern. These mortgaged properties are attached by the lower court as per an order passed on I. A. No. 468 of 1979. The main application was resisted by the appellant on many grounds of which the relevant one is that the mortgaged properties are not liable to be attached and sold in realisation of the loan amount. The basis for the said contention is that, according to the appellant, she is an agriculturist as envisaged in S.60 of the Code of Civil Procedure (for short'the Code'). All the contentions of the appellant were repelled by the learned District Judge and he ordered the properties to be sold for recovery of the amount due with interest. The claim of the appellant that she is an agriculturist did not



























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