Court set aside an execution sale of government property where the sale money would be paid to the decree holder. Parties to file proofs of amount; debtor to deposit funds to restore proceedings.
Sale set aside conditionally pending deposit of amount; execution proceedings restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930
CRP.No. 822 of 2007(A)
--------------------AGAINST THE ORDER DATED 24/05/2006 IN EP. 221/1987 IN LAR.168/1984 of SUB COURT,THODUPUZHA
REVN. PETITIONER: JUDGMENT DEBTOR
STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI.
BY ADV. SMT. R. BINDU, GOVERNMENT PLEADER
RESPONDENTS: DECREE HOLDER
VIMALA, W/O BALAKRISHNA PILLAI, POTTANAMKUNNEL HOUSE, ALAKODU VILLAGE, THODUPUZHA TALUK.
BY ADV. SRI.M.G.KARTHIKEYAN
SRI. C.C. THOMAS
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N.KRISHNAN, J
= = = = = = = = = = = = = = = = C.R.P.No. 822 OF 2007
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Dated this the 7th day of April, 2008. = = = = = = = = == = = = = = = = = = =
O R D E R
This revision is preferred against the order of the Sub court, Thodupuzha, in E.P.No.221/87 in L.A.R.No.168/84. It is seen from the order that the sale is confirmed on 24.5.2006. I am informed that even today sale certificate is not issued though the value for the stamp paper has been deposited. This is the sale conducted in execution of a decree for realisation of the amount awarded under the land acquisition proceedings. The decree holder will be well contended if the amount which is legally entitled to be received by him as paid. Then he may not have any objection in setting aside the sale. Being a governmental property and as the decree holder is not very particular to get possession of the property if his amount is paid sale can be set aside.
I dispose of the civil revision petition as follows:
Both sides are directed to file statements showing the amount and court shall after hearing both sides fix the amount
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C.R.P.No. 822 OF 2007
and direct the judgment debtor to deposit the amount within a reasonable time and on deposit of the same set aside the sale so that the governmental property does not come into the hands of a third person. Since the stamp duty for re-conveyance has to be paid by the Government, it need not be done. As an exceptional case sale can be set aside. So, if the correct amount is deposited within the stipulated time fixed by the court, the sale has to be set aside. If already the sale certificate is written in the stamp paper, amount that is spent for the purchase of stamp paper is also be deposited along with the decree debt. For the said purpose the E.P be restored and further proceedings be continued.
M.N.KRISHNAN, JUDGE
bkn/-
1 issue framed by the court
Whether execution sale of government property in acquisition proceedings can be set aside if the decree holder is compensated with the sale money.
1 provisions across 1 enactments
Judgment Debtor
State of Kerala
Vimala
Decree Holder
M.N.KRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
