SUMESH M S Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is before this Court, because of the refusal on the part of the 3rd respondent in registering Ext. P2 sale certificate, whereby the property in question has been purchased by the petitioner, on turning to be the successful bidder in the auction conducted at the instance of the 6th respondent Housing Co-operative Society.

(2.) THE sequence of events as narrated in the Writ Petition is as follows: THE 7th respondent herein had availed a housing loan from the 6th respondent, creating equitable mortgage over the property in question, as early as in the year 1991. Subsequently, he turned to be a defaulter, whereby the 6th respondent took appropriate steps, which culminated in the sale of the property concerned. THE petitioner herein purchased the said property in the public auction leading to issuance of Ext. P2 sale certificate.

(3.) THE learned counsel for the petitioner submits that, Annexure R3 (a) cannot be a ground to deny the registration sought for by the petitioner, primarily for the fact that the property concerned in Ext. P2 sale certificate and the property covered by Annexure R3(a) are entirely different in view of the crystal clear difference between the survey numbers. THE learned counsel submits that, the old survey number in respect of the property covered by Ext. P2 is '133/9'; whereas the old survey number in respect of the property concerned in Annexure R3 (a) is 133/13. Reference is also made to the description of the boundaries in Exts. P2 and Annexure R3 (a), asserting that, the boundaries are also different and as such, the properties are entirely different.