O. T. ALEXANDER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is before this Court seeking to quash Ext.P14 and to declare that the petitioner is entitled to the benefits declared by this Court in Ext.P13 judgment in respect of his land covered by Ext.P1. The petitioner further seeks to direct the 1st respondent to consider Exts.P12, P13, P15 and P16.

(2.) The petitioner is in possession of 37 cents of land in survey No. 548/7 of Fort Kochi Village and the buildings thereon. The petitioner states that the erstwhile Collector of South Malabar District under the Madras Residency allotted the land to one Shri. Mayankutty on ground rent during the British regime as per Document No. 602/1933. The said Mayankutti transferred the property to Shri Kunja Abdullah and relatives. In the year 1948, one of the shareholders of the property, Shri Muhammed, mortgaged his share with the Cochin Nair Bank Ltd. as per Mortgage Deed No. 263/1948 of SRO, Fort Kochi. On default of payment, the bank initiated legal proceedings filing O.S.No.30/1960 in the Sub Court. In Execution Proceedings, the bank purchased the shares of the mortgagor. Other co-owners also sold their right over the property to the bank as per Sale Deed No.155/1963. Thus the Cochin Nair Bank Ltd. became absolute owner of the 37 cents of land.

(3.) The Cochin Nair Bank was amalgamated with the State Bank of Travancore (SBT) with effect from 08.02.1964. The State Bank of Travancore leased out the property to M/s.Hindustan Shipping Company, Fort Kochi in the year 1974. M/s. Hindustan Shipping Company held the property as a tenant. The State Bank of Travancore decided to sell the property and held negotiations with M/s.Hindustan Shipping Company. The Company agreed to purchase the property for a consideration of Rs. 7,75,000/- and paid the entire sale consideration to SBT in June, 1995. However, a sale deed was executed in favour of M/s.Hindustan Shipping Company only in the year 2001 as per Sale Deed No. 5117/2001 of SRO, Kochi.