Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | kerala agriculturist debt relief |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Kerala Agriculturists` Debt Relief Act, 1970 (11 of 1970) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Kerala Agriculturists Debt Relief Act, 1970-Section 20-Debt Relief Petition under-Requirement for maintainability-Object of legislation-Interpretation beneficial to indebted peasentry to be accepted-Cost of improvements and mesne profits whether payable. In execution of a money decree, a court-sale took place. Three pieces of agricultural land of the judgment-debtor-respondent were put to auction. The decree-holder-appellant purchased the same. Item Nos.1 and 2 of the auctioned property remained in possession of the respondent, but item no. 3 went into the possession of the appellant. The respondent approached the executing court filing a petition u/s. 20 of the Kerala Agriculturists Act, 1970, for retrieval of the entire property on the basis that he had continued to be in possession of a part of it. The appellant contested the Debt Relief Petition contending that as the respondent was not in possession of the entire property, Section 20 of the Act was inapplicable and that in case it was then before possession of property, item no. 3 could be asked to be given, cost of improvements had to be paid under sub-section (5) of Section 20. All the courts below decided against the appellant. This appeal by special leave was confined to a claim to property Item No. 3 of the Debt Relief Petition. |
Judge | N/A |
Neutral Citation | 1992 INSC 85 |
Petitioner | Eapen Thomas |
Respondent | Syed Mohammed Kunju Mohammed Kunju |
SCR | [1992] 2 S.C.R. 307 |
Judgement Date | 1992-03-13 |
Case Number | 2578 |
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