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2010 Supreme(Ker) 463

THOTTATHIL B.RADHAKRISHNAN, S.S.SATHEESACHANDRAN
M/s. V. O. Vakkan & Sons – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared: For the Appellants:S.V. Balakrishna Iyer, Senior Advocate, K. Jayakumar, Advocate. For the Respondents:R1 & R2, B. Ramanand, Government Pleader, R3, C.C.Thomas, Senior Advocate, R4, S. Venkatasubramonia Iyer, Senior Advocate, P.R. Venketesh, R7, Azad Banu, Advocates.

Judgment :

These two appeals arise from the common judgment passed in two suits jointly tried by the Additional Sub Court, Cochin.

2. Both the suits were filed in forma pauperis challenging the revenue recovery proceedings by the State against the properties of the plaintiffs, a firm and a partner, common in both cases, and seeking re-delivery of the properties sold in revenue sales, allegedly, towards amounts due, recoverable as arrears of public revenue due on land to the Government. Suits, after trial, were dismissed. A.S.No.570/91 arises from O.S.No.196/79 instituted before the Sub Court, Cochin. The other appeal, A.S.No.43/94 is from a suit transferred to the above court, and renumbered as O.S.No.86 of 1981, which was earlier instituted as O.S.No.252 of 1979 before the Sub Court Alleppey. The suits were instituted before two different courts, Sub Court of Cochin and Alleppey, since revenue sales impeached in such suits were in respect of properties situate within the jurisdiction of the respective court. Suit pending on the file of the Sub Court, Alleppey was transferred to the Sub Court, Cochin by orders of this Court to facilitate joint trial and disposal of the suits.

3. The











































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