LAWS(KER)-2012-11-451

INDIRA THAYYIL Vs. VATAKARA CO-OPERATIVE AGRICULTURAL

Decided On November 05, 2012
Indira Thayyil Appellant
V/S
Vatakara Co-Operative Agricultural Respondents

JUDGEMENT

(1.) THE writ petition is filed seeking a direction directing the first respondent to reconvey of 3.20 acres belonged to the deceased husband of the petitioner by accepting the loan amount with interest and cost to the petitioner.

(2.) THE deceased husband of the petitioner had availed a loan of Rs. 30,000.00 mortgaging 3.20 Acres of property to the first respondent Bank. The loan amount went in arrears, the bank put the mortgaged property in auction and the bank bid the property in auction conducted on 9.12.1998. During that period the deceased husband of the petitioner was under treatment and he died on 3.9.2009.

(3.) AS per the order dated 2.12.05 of the Joint Registrar (General), Kozhikode, the bank was given permission to sell the properties owned by the bank in public auction. Pursuant to the said order, the property of the petitioner was put to sale and the additional 4th respondent bid the property in auction for Rs.83,000.00 on 8.4.2010. The purchaser paid the bid amount in the auction within the stipulated time.