UNITED COMMERCIAL BANK Vs. KFC

JUDGEMENT

(1.) The appeal is against an order allowing a claim application filed by the first respondent and releasing 4 items of properties from the attachment effected by the appellant in execution of the decree in O. S. No. 565 of 1981 on the file of the Sub Court, Ernakulam.

(2.) Briefly the facts relevant and requisite for the disposal of the appeal can be summarised thus:

(3.) The first respondent - Corporation is claiming absolute title to the 4 Hems of properties on the basis of Ext. A3 sale certificate. The Corporation has also relied upon the recitals and the description of the properties contained in Exts. A1 and A2 mortgage deeds in support of its contention that the properties in question ware also included in the mortgage deed and were later sold and purchased as per the auction sale which took place in execution of the decree in S F. C O. P. 409/80. It was contended that though the 4 item of properties were not specifically mentioned in the two schedules of properties given in Ext. A3 sale certificate, they are to be deemed as permanent fixtures attached to the land and / or machineries and materials used for the proper functioning of the factory and other machineries located in the land mortgaged and as such immovable properties forming part of the laud and buildings specifically mentioned in Ext. A3. The entire factory was sold and purchased in court auction and as such whatever is found in the premises as machineries or other materials used for the proper functioning of the factory must also be deemed to be part of the land, buildings and factory mortgaged and sold to the claimant Corporation.