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1982 Supreme(Ker) 238

K.BHASKARAN, K.SUKUMARAN
Kunjukrishnan – Appellant
Versus
State of Kerala – Respondent


Advocates:
P.H. Sankaranarayana Iyer, for Appellant; Govt. Pleader, for Respondents.

Judgement

BHASKARAN, J. :- Plaintiff is the appellant. The suit was one for declaration that Ext.B4 agreement entered into by the plaintiff with the 3rd defendant on 20-11-1975 and Clause 8 of Ext.B-1 sale notification issued by the 3rd defendant regarding the sale of residual tree growth from the plaint coupe were unenforceable in law and that the plaintiff was not liable to pay any amount to the defendants on the basis of the said agreement or Clause 8 of the sale notice; and also for a perpetual injunction restraining the defendants from recovering the amount mentioned in the notices issued on 9-6-1976 (Ext.A-1) by the 3rd defendant by invoking the provisions of the Revenue Recovery Act or from appropriating the amount deposited by the plaintiff with 3rd defendant on 20-11-1975 as part of the earnest money. As a consequential relief the plaintiff also prayed for a decree to recover a sum of Rs. 13,640/- together with interest on the principal amount of Rs. 13,000/- from 7-10-1976 till realisation at the date of 7% per annum. The further relief sought in the suit was for the recovery of the movables described in Schedule II to the plaint, in case the defendants fail to deliver tho







































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