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2013 Supreme(Ker) 1019

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
Rajalekshmi Amma – Appellant
Versus
E A Basheer – Respondent


JUDGMENT

Thottathil B.Radhakrishnan, J.

1. Supported by an order of attachment before judgment obtained on 11.8.1992, the appellant put a money decree in execution, including by sale of the property under attachment. The contesting respondents filed a claim petition pleading that they are transferees of one who had bid the aforesaid item of property in a sale under the provisions of the Kerala Revenue Recovery Act, 1968, for short, 'RR Act', which sale was confirmed under that Act on 23.12.1994. The proceedings under the RR Act was at the instance of the Kerala Financial Corporation-KFC-, an institution governed by the State Financial Corporations Act, 1951, for short, 'SFC Act', to which establishment, the provisions of the RR Act stood extended as per SRO.No.851 of 1979. The question is whether the attachment by the civil court, on 11.8.1992, will override the sale confirmed under the RR Act on 23.12.1994.

2. The learned counsel for the appellant argued, firstly, that KFC having taken recourse to the RR Act, is deemed to have foregone its rights under the Transfer of Property Act, 1882, for short, 'TP Act', to sell the mortgaged property. Secondly, it was argued that Section 60 of t



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