THULASIBHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner purchased a property as per Ext. P4 sale deed. When she obtained Ext. P5 non encumbrance certificate, no encumbrance in respect of the property was mentioned in this document However, when she applied for mutation, that was rejected by Ext. P1 on the ground that revenue recovery proceedings are pending. She filed an appeal and that was rejected by Ext. P3. As already seen, the reason stated for rejection of her request for mutation is the pendency of the revenue recovery proceedings.

(2.) It is stated that the petitioner's vendor had availed of loan from the Central Bank of India and had committed default. It is stated that the Bank initiated recovery proceedings against the defaulter, which is the reason stated in Exts. P1 and P3.

(3.) Petitioner also submits that when recovery proceedings were initiated, the vendor applied to the Government and had obtained Ext. P6 order, enabling him to discharge the liability in 45 instalments and according to her, remittances is being made also. It is therefore stated that the rejection for effecting mutation is illegal.