Jayanandakumar vs Kerala State Financial ...
2022 Latest Caselaw 8894 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                     RFA (INDIGENT) NO. 137 OF 2021
 AGAINST THE JUDGMENT AND DECREE DATED 28.09.2019 IN OS 362/2012 OF SUB
                          COURT, NEYYATTINKARA
APPELLANT/(PLAINTIFF IN THE SUIT):

     1     JAYANANDAKUMAR
           AGED 60 YEARS
           SON OF KESAVAN NADAR, KIZHAKKETHIL VEEDU, KANJIRAMKULAM,
           NEYYATTINKARA, THIRUVANANTHAPURAM, PIN 695524
           BY ADVS.
           S.VINOD BHAT
           ANAGHA LAKSHMY RAMAN
           GREESHMA CHANDRIKA R.

RESPONDENTS/(DEFENDANTS IN THE SUIT):

     1     KERALA STATE FINANCIAL ENTERPRISES LTD.
           REPRESENTED BY ITS MANAGING DIRECTOR, THRISSUR 680020
     2     DEPUTY COLLECTOR(RR)
           KERALA FINANCIAL ENTERPRISES LTD., THRISSUR 680020
     3     THE SPECIAL DEPUTY TAHSILDAR (RR)
           KERALA STATE FINANCIAL ENTERPRISES LTD.,
           REGIONAL OFFICE, SILVER JUBILEE BUILDINGS, STATUE,
           THIRUVANANTHAPURAM, 695039
     4     THE BRANCH MANAGER
           THE KERALA STATE FINANCIAL ENTERPRISES LTD., ULLOOR,
           THIRUVANANTHAPURAM, 695011
     5     DR. MELVIN JOSEPH
           KINGINI
           KANJIRAMKULAM P.O., NEYYATTINKARA,
           THIRUVANANTHAPURAM, PIN 695524
     6     DR. ANU.V.V.KINGINI
           KANJIRAMKULAM P.O., NEYYATTINKARA,
           THIRUVANANTHAPURAM, PIN 695524
     7     STATE OF KERALA
           REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE,
           KUDAPPANAKUNNU, THIRUVANANTHAPURAM, 695043
           BY ADVS.
           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
 RFA (INDIGENT) No.137 of 2021
                                         2


      THIS   REGULAR   FIRST    APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RFA (INDIGENT) No.137 of 2021
                                         3




                                  JUDGMENT

Dated this the 07th day of July, 2022

A suit for declaration that the hire

purchase agreement entered into by the

plaintiff with the competent authority and to

set aside the revenue sale conducted for the

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

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

2007. Every question falling under the

provisions or exercise of the jurisdiction by

the competent authority under the Revenue

Recovery Act has to be agitated in terms of

the provision contained in the Act. The RFA (INDIGENT) No.137 of 2021

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.

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

APPENDIX OF RFA NO.137 OF 2021

PETITIONER'S ANNEXURES: NIL

RESPONDENTS' ANNEXURES:

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

P.A.TO JUDGE