THANKA Vs. FRANCIS

JUDGEMENT

(1.) Challenging the order in E.R No.31 of 2001 in O.S. No.170 of 1998 on the file of the Sub Court, Thrissur, this revision petition is filed by the petitioner.

(2.) The petitioner is the judgment debtor in E.R No. 31 of 2001 in O.S. No. 170 of 1998 and the respondent is the decree holder therein. A decree charged on the decree schedule property was passed for realisation of money. The extent of the property is 10 cents with a residential building. Petitioner filed objection to the Execution Petition and the proclamation schedule. The contention in the objection was that the property with the building would fetch more than Rs.7 lakhs and the market value of the land is Rs.50,000/- per cent. The property excluding the building alone need be sold to satisfy the decree. The Execution Petition was filed for an amount of Rs.1,00,903/-. Further contention was that, in view of the bar contained in S.10 of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act 1975. The property is not liable to be sold in execution. The petitioner is a member of Scheduled Tribe. The Execution Court without considering the valid objections raised by the revision petitioner passed the impugned order.

(3.) The question to be considered is whether the impugned order is liable to be set aside. The decree holder filed the Execution Petition for realisation of an amount of Rs.1,00,903/-. The fact that the decree schedule property is having an extent of 10 cents with a residential building is not disputed. The specific contention of the revision petitioner is that for realisation of the decree amount, the entire property need not be sold. As per the petitioner, the property would fetch more than Rs.7 lakhs. The market value of the property is Rs. 50,000/- per cent. So, a portion of the property will be sufficient to satisfy the decree. The impugned order would not show that the objection raised by the petitioner was considered by the Execution Court. Nothing has been stated in the impugned order regarding the objection raised by the petitioner.