SALAMMA.L Vs. KERALA FINANCIAL CORPORATION

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, learned standing counsel appearing for the first respondent, learned Government Pleader appearing for respondents 2, 4 and 5 and learned counsel appearing for respondents 6 and 7.

(2.) THE deceased husband of the 6th respondent, availed of loan from the first respondent and respondents 6 and 7 were co-obligants to the loan. As security for the loan, among other properties, 22.20 Ares of property and the building therein comprised in R.S.No.102/6 of Thrikkovilvattom Village in Kollam Taluk was also mortgaged. Default was committed and Revenue Recovery proceedings were initiated.

(3.) ACCORDINGLY , fifth respondent heard the petitioner, the third respondent, husband of the 6th respondent, 1st respondent, respondents 2 and 3 and the 7th respondent. Thereafter, he passed Ext.P2 order setting aside the sale in exercise of his powers under the proviso to Section 54 of the Revenue Recovery Act. He also directed the third respondent to return the amount deposited by the petitioner and the fourth respondent was directed to initiate action for a fresh sale of the property. It is this order, which is under challenge in this writ petition.