ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) PLAINTIFF in a Suit for damages, is the Appellant.

(2.) PLAINTIFF is the Managing Partner of 'blue Sea fisheries, Vadakkekara, North Parur '. He availed of a loan of Rs. 1 lakh from the second defendant Bank for the purchase of fishing boat for deep sea marine fisheries under a particular scheme. Certain amounts became due, and the bank initiated revenue recovery proceedings for a sum of Rs. 1,31,141. 80 by sending a certificate as contemplated by the revenue Recovery Act to the Collector. On receipt of it, revenue recovery proceedings were launched and the movables belonging to the plaintiff kept in his residential building were attached on 9-5-1984. When the attachment was effected, Rs. 80,000/- was paid and the balance under the attachment order, was paid the next day. Thereupon, the movables were released which were entrusted with a third party, on kochi.

(3.) THE trial court in answer to issues 2 & 5 (whether the suit is barred by limitation? and whether the suit is barred under any of the provisions of the R. R. act) found that the case is one falling under S. 81 of the Revenue Recovery Act, and that the period of limitation prescribed is only ninety days and the suit instituted after the expiry of that period is barred by limitation under S. 81 (2) of the Revenue Recovery Act. It was further held that the requisition made by the bank, the certificate issued to the collector, and initiation of revenue recovery proceedings were done in the course of official duties with jurisdiction, and there was no fraud, malafides or collusion in those matters. Without considering the claim of damages on merits, regarding the quantum, the suit was dismissed as barred by limitation. THE plaintiff has come up in appeal.