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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. Somarajan, J.
George Mathew, S/O. Mathai and Ors. – Petitioners
Versus
Gandhigram Agro Based Industrial Co-Operative Society and Ors. – Respondents
OP(C) NO. 217, 218, 219, 223 of 2020
Decided On : 11-07-202IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. Somarajan, J.
George Mathew, S/O. Mathai and Ors. – Petitioners
Versus
Gandhigram Agro Based Industrial Co-Operative Society and Ors. – Respondents
OP(C) NO. 217, 218, 219, 223 of 2020
Decided On : 11-07-2023
Section 73 CPC - Rateable Distribution - The court set aside the dismissal of the petitioners' prayer for rateable distribution, emphasizing the application of equity among decree holders and the principles of rateable distribution with rateable sufferance.
Fact of the Case:
The petitioners obtained three decrees for recovery of money but their prayer for rateable distribution was dismissed on the ground that another decree holder was entitled to receive more amount.
Finding of the Court:
The court found the dismissal of the petitioners' prayer to be unlogic and highly perverse, emphasizing the need for rateable distribution and equity among decree holders.
Issues: Dismissal of petitioners' prayer for rateable distribution
Ratio Decidendi: Application of equity among decree holders and principles of rateable distribution with rateable sufferance
Final Decision: The impugned order was set aside, and the matter was remanded back to the trial court for fresh consideration.
JUDGMENT :
Section 73 CPC is the provision dealing with the rateable distribution when there are more than one decree holders. Admittedly, the present petitioners are one of the decree holders who obtained three decrees in their favour for recovery of money. But their prayer for rateable distribution was dismissed on the ground that the decree holder wherein the application was submitted is entitled to receive more amount than what is due to the present petitioners. The reason seems to be unlogic and highly perverse and cannot be sustained. It is submitted by the learned Counsel for the respondents that out of an extent of 47.47 Ares only 38 Ares of property was sold in execution. The balance extent is available for proceeding against for recovery of amount due from the other decrees. There is no merits in the said contention and what is relevant under Section 73 is a rateable distribution which stands for applying equity among the decree holders, by distributing the assets/sale proceeds by working out equity based on principles of rateable distribution with rateable sufferance. Hence, the impugned order will stand set aside. The matter is remanded back to the trial court for fresh consideration for which the parties shall appear before the trial court on 03.08.2023.
All these O.P(C) will stand disposed of accordingly.
The application of equity and principles of rateable distribution with rateable sufferance among decree holders under Section 73 CPC.
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