The court must ensure the sufficiency of the security offered to satisfy a potential decree, and cannot accept a property shown as paddy land in revenue records as security until the necessary corrections are made.

The orders passed by the Sub Court, Karunagappally in I.A.No.2/2023 and I.A.No.5/2024 in O.S.No.56/2023, in the matter of lifting the conditional attachment ordered in the said suit by accepting the security offered by way of immovable property by the 1st defendant therein, are under challenge in this F.A.O.

2. The suit was one for realisation of an amount of Rs.31,68,000/- said to have been advanced by the plaintiff to the 1st defendant for the purchase of a house. The plaintiff would allege that the plaint B schedule property, which was the house and appurtenant land agreed to be given to her, was illegally sold by the 1st defendant to third parties in violation of the terms of agreement. It is stated that the plaintiff has been residing in the plaint C schedule property which comprises of a newly constructed house and appurtenant land, as orally permitted by the 1st defendant when the 1st defendant failed to complete the construction in plaint B schedule property within the agreed time frame. I.A.No.2/2023 filed by the plaintiff for conditional attachment at the time of institution of the suit, was allowed by the learned Sub Judge, and the plaint A schedule property belonging to the 1st defendant was conditionally attached with the option given to the 1st defendant to furnish security for the plaint amount. Thereafter, the defendant offered the plaint C schedule property as security for the plaint amount, and filed I.A.No.5/2024 for lifting the conditional attachment. The plaintiff opposed the above application stating the reason that the plaint C schedule property is paddy land as per the revenue records, and hence the said property inclusive of the building situated therein would not be sufficient to satisfy the decree which may be passed in the suit. The learned Sub Judge, by the impugned orders, held that the apprehension of the plaintiff about the possibility of demolition of the building situated in the plaint C schedule property in any action taken by the authorities for unauthorised construction being done in paddy land, was only a remote contingency, and that Rules are in force for conversion of paddy land for residential purposes. The learned Sub Judge further observed that the Commission Report prepared in this case disclosed the existence of the plaint C schedule property bounded by compound wall on all sides, in a residential area. The assignment of door number by the Grama Panchayat concerned, is also noted in the impugned order. It is aggrieved by the aforesaid verdict of the learned Sub Judge in I.A.No.2/2023 and I.A.No.5/2024 that the present appeal has been preferred by the plaintiff in that suit.

3. Heard the learned counsel for the appellant and the learned counsel for the 1st respondent.

4. The learned counsel for the appellant would contend that the trial court went wrong in accepting the security of a land shown in the revenue records as paddy land, and the building constructed therein, for lifting the conditional attachment ordered over plaint A schedule property belonging to the 1st defendant. The learned counsel for the 1st defendant, per contra, would contend that though the plaint C schedule property is shown in the revenue records as paddy land, the above error has been sought to be corrected by filing application before the authority concerned. It is further submitted that by all counts of probability, the error crept in the revenue records in the above regard would be corrected within a short period since the 1st defendant had submitted the necessary applications before the authorities concerned to that end.

5. It remains a fact that even today the plaint C schedule property stands depicted in revenue records as paddy land, though it exists, completely bounded by compound wall, in a residential area. True that the 1st defendant has produced for the perusal of this Court, the copy of the application submitted before the authorities concerned for making correction of the above entry in the