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1962 Supreme(Ker) 191

M.MADHAVAN NAIR
Nani Amma Nannini Amma – Appellant
Versus
State of Kerala – Respondent


Advocates:
K.A. Nayar, for Appellant; Government Pleader, for Respondent No. 1; S. Bhoothalinga Iyer, for Respondents Nos. 2 and 3.

JUDGMENT :- For realisation of arrears of revenue the suit property came to be sold in auction on 30-9-1116 M.E. end the sale confirmed by the Assistant Peishkar, Alleppey, on 29-12-1116. Pursuant to the sale, delivery of possession was effected on 6-4-1120 in favour of the auction purchaser, who is a brother of the plaintiff. The plaintiff was a hypothecatee of the property under the original owners. She claims to have obtained assignment of the auction purchasers rights and thereby to have become the absolute owner of the suit property. On 31-10-1122 defendants 2 and 3 claiming to be interested in the property moved a petition for revision of the order confirming the revenue sale before the District Collector, Quilon, which came to be disposed of on 12-9-1952 by an order which reads as follows :

"Heard the Vakil for the petitioners and the Advocate for the counter-petitioner and perused the records. It is clear from the records that the sale had been brought about during the pendency of a civil suit which ultimately was decided in favour of the revision petitioners. There is also a definite allegation that the sale was brought about at the instance of the pakuthy peon Aryan Padman

















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