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1991 Supreme(Ker) 434

G.H.GUTTAL
The Federal Bank Ltd – Appellant
Versus
K. Meenakshi Kanikan – Respondent


ORDER

1. The question which arises for consideration is whether the petitioner, a Scheduled Bank, as defined in the Reserve Bank of India Act, 1934, is "a Corporation" or "any other financial agency not being a private agency" within the meaning of clause (c) of S.3 of the Kerala Scheduled Tribe (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 (hereinafter referred to as the Act). Clause (c) of S.3 of the Act lists the entities to whom the Act docs not apply. The question arises out of the facts stated in Para.2 and 3 below.

I. The facts

2. The petitioner instituted suit No. 280/76, for recovery of Rs. 71,836.66 secured through mortgage of lands of the respondents. A final decree was made. In E. P. No. 182 of 1979, the property of the respondents was brought to sale. However, the respondents filed E.A. No. 414 of 1981 for postponement of the sale under R.83 of O.21 of the Code of Civil Procedure, which was dismissed. The respondents challenged the dismissal of E.A. No. 414 of 1981, in C.R.P. No. 1832 of 1981 B. While dismissing the C.R.P., this Court granted to the respondents six months' time, running from 6th November 1985, for the purpose of depositin








































































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