Dismissed

Jayanandakumar v. Kerala State Financial Enterprises Ltd.

Kerala HC7 Jul 2022RFA/137/2021

Case brief

AI extract

What is this about?

The appellant, a defaulter in a hire-purchase agreement, filed a regular first appeal challenging the dismissal of a suit to set aside a revenue sale. The High Court held that Section 81 of the Revenue Recovery Act does not cover defaulters. The appeal was dismissed.

What did the court decide?

Recover the entire court fee payable by issuing a copy of the decree to the District Collector.

Jayanandakumar Vs Kerala State Financial Enterprises Ltd. — Cheque Dishonour | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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THURSDAY, THE 7^TH DAY OF JULY 2022 / 16TH ASHADHA, 1944

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RFA (INDIGENT) NO. 137 OF 2021

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AGAINST THE JUDGMENT AND DECREE DATED 28.09.2019 IN OS 362/2012 OF SUB

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COURT, NEYYATTINKARA

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APPELLANT/(PLAINTIFF IN THE SUIT):

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1 JAYANANDAKUMAR

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AGED 60 YEARS SON OF KESAVAN NADAR, KIZHAKKETHIL VEEDU, KANJIRAMKULAM, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN 695524

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BY ADVS. S.VINOD BHAT ANAGHA LAKSHMY RAMAN GREESHMA CHANDRIKA R.

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RESPONDENTS/(DEFENDANTS IN THE SUIT):

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1 KERALA STATE FINANCIAL ENTERPRISES LTD. REPRESENTED BY ITS MANAGING DIRECTOR, THRISSUR 680020

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2 DEPUTY COLLECTOR(RR) KERALA FINANCIAL ENTERPRISES LTD., THRISSUR 680020

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3 THE SPECIAL DEPUTY TAHSILDAR (RR) KERALA STATE FINANCIAL ENTERPRISES LTD., REGIONAL OFFICE, SILVER JUBILEE BUILDINGS, STATUE, THIRUVANANTHAPURAM, 695039

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4 THE BRANCH MANAGER THE KERALA STATE FINANCIAL ENTERPRISES LTD., ULLOOR, THIRUVANANTHAPURAM, 695011

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5 DR. MELVIN JOSEPH KINGINI KANJIRAMKULAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, PIN 695524

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6 DR. ANU.V.V.KINGINI KANJIRAMKULAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, PIN 695524

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7 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, 695043 BY ADVS.

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SRI. K.DENNY DEVASSY, GOVERNMENT PLEADER FOR R3 SRI. SALIL NARAYANAN K.A., SC, KSFE LTD. FOR R1 & R4 SRI. R.S.KALKURA FOR R5 & R6

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RFA (INDIGENT) No.137 of 2021

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THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON

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07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RFA (INDIGENT) No.137 of 2021

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JUDGMENT

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Dated this the 07^th day of July, 2022

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A suit for declaration that the hire

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purchase agreement entered into by the plaintiff with the competent authority and to set aside the revenue sale conducted for the

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recovery of the amount due was dismissed by the trial court against which the plaintiff came up. Admittedly, the plaintiff is the defaulter for the amount under which the revenue recovery proceedings were initiated

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and revenue sale was conducted. A subsequent suit for declaration challenging the revenue sale conducted under the provisions of the Revenue Recovery Act would stand barred by Section 72 after the amendment of the year

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Every question falling under the

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provisions or exercise of the jurisdiction by

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the competent authority under the Revenue

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Recovery Act has to be agitated in terms of

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the provision contained in the Act. The

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RFA (INDIGENT) No.137 of 2021

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learned Counsel for the appellant fairly submitted that Section 81 is an exception subject to Section 72 of the Act. But Section 81 is dealing with an “aggrieved person” which stands for not the defaulter but a stranger or a person having interest on the subject or otherwise. A defaulter or person litigating under the defaulter will not come under the scope and ambit of Section 81 of the Act.

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The appeal fails and hence, dismissed. Recover the entire court fee payable from the appellant by issuing a copy of decree to the District Collector under Order 33 Rule 14 C.P.C.

Sd/-

P. SOMARAJAN

JUDGE

SKP/7-7

RFA (INDIGENT) No.137 of 2021

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APPENDIX OF RFA NO.137 OF 2021

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PETITIONER'S ANNEXURES: NIL

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RESPONDENTS' ANNEXURES:

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ANNEXURE A1 TRUE COPY OF THE JUDGMENT IN WPC 34118 OF 2008 BEFORE THIS HONOURABLE COURT

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ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN A.S. 541 OF 2015 DATED 15.02.2018 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE, NEYYATTINKARA

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TRUE COPY

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P.A.TO JUDGE

Jayanandakumar v. Kerala State Financial Enterprises Ltd.

Case brief

What is this about?

What did the court decide?

Jayanandakumar v. Kerala State Financial Enterprises Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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