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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P, J
VIJAYAN R – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. background on debt relief application and property sale. (Para 1 , 2) |
| 2. respondent's argument against reconveyance based on payment default. (Para 4) |
| 3. court’s rationale supporting reconveyance based on debt relief terms. (Para 5) |
JUDGMENT
The petitioner is a farmer by profession. He had availed an agricultural loan from the 4th respondent bank. According to the petitioner, since he was entitled to debt relief, he approached Kerala State Farmers Debt Relief Commission (hereinafter referred to as ‘the Commission’) by filing application No.1901/18/TV, which was disposed of, after hearing the 4th respondent bank [through Exhibit P1 order] finding the petitioner is eligible to debt relief to the extent of Rs.2,00,000/- (Rupees Two lakhs only). It is seen from Exhibit P1 order that the total amount payable by the petitioner on the loan account ,as on the date of Exhibit P1 (17.02.2020), was Rs.5,97,668/- and the Commission fixed the appropriate level of debt at Rs.5,90,000/- under Section 5 (1)(b) of the Kerala Farmers Debt Relief Commission Act , 2007 and after grating debt relief to the sum of Rs.2,00,000/- to the petitioner, directed that the said amount shall be p
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