ABDULRAHIMAN Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) The suit challenging revenue recovery proceedings, was dismissed by the trial court. The plaintiff is in appeal.

(2.) Ext.A5 is the revenue recovery notice dtd. 7/10/1996 issued against the plaintiff. The plaintiff was the convener in respect of a scheme for construction of houses for girijan colonies. Five houses were to be constructed in each of the three colonies. The estimated cost was Rs.12,500.00 per house. The payment towards the construction was to be paid stage-wise. Admittedly the work was not completed. Revenue recovery proceedings were initiated against the plaintiff alleging that though the value of the constructions effected by him was only Rs.94,555.00, the amount received by him is Rs.1,57,805.00.

(3.) The trial court raised an issue with regard to the maintainability of the suit in view of Sec. 72 of the Revenue Recovery Act. It was held that the suit is not maintainable and the suit was dismissed.