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2010 Supreme(Ker) 124

K.BALAKRISHNAN NAIR, P.N.RAVINDRAN
District Collector, Alleppey – Appellant
Versus
Subaida Beevi – Respondent


Advocates Appeared:For the Petitioners:Renjith Thampan. Addl. Advocate General. For the Respondents:R2, Sathish Ninan, R1, Vinoy Varghese Kallumoottil, Advocates.

Judgment :-

Balakrishnan Nair, J.

The respondents 1 to 4 in the Writ Petition are the appellants. The writ petitioner is the first respondent. The point that arises for decision in this Writ Appeal is whether, in the absence of a purchaser for a property, put to sale under the provisions of the Kerala Revenue Recovery Act (for short, 'the Act'), at the instance of an institution covered by the notification issued under Section 71 thereof, it can be purchased by the Government, as provided under Section 50 (2) of the Act.

2. The brief facts of the case are the following: The first respondent and her husband purchased certain properties from Smt.N.K.Bharathi and her father. The said properties included the 5 cents of property, which is involved in this case. The first respondent's husband, later settled his rights in the said 5 cents of property, in favour of the first respondent and she became the absolute owner of the said property.


3. Smt.Bharathy had availed a loan from the second respondent Bank, mortgaging the aforementioned 5 cents of property. Since she defaulted in repaying the loan, the Bank moved the revenue recovery officials and the property was put to sale. Since there



































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