ALIYAMMA VARGHESE Vs. THE JOINT REGISTRAR

JUDGEMENT

(1.) THE petitioner is aggrieved with the refusal to re -convey the petitioner's property mortgaged, for the satisfaction of a loan availed by the petitioner; which the respondent Bank purchased in the recovery proceedings initiated. The loan facility availed of from the respondent - Bank and the default committed, are admitted. The Bank having initiated recovery, obtained an award under section 69 and purchased the property in a sale conducted, which sale concluded with a conveyance dated 6.7.2006. Deed No. 1168/2006 of the Koothattukulam Sub Registrar Office, was executed in favour of the respondent -Bank.

(2.) SUBSEQUENT to that, the petitioner approached the Kerala State Farmer's Debt Relief Commission, which granted an order by 1.10.2007. The order issued was one staying further proceedings pursuant to the notice. It is to be specifically noticed that when such an order was passed, the proceedings had concluded in a valid sale in favour of the Bank.

(3.) THE petitioner, after Ext. P3, approached the Bank with Ext. P4; undertaking to remit the balance dues. The matter rested there, and it is very pertinent that there was no question of any balance remittance, since the loan stood satisfied by the purchase effected by the Bank. The petitioner also did not take any steps to get the property re -conveyed at that point of time. The petitioner's contention is that the petitioner had been regularly making representations before the Managing Committee.