CHACKOJOHN Vs. VARKEY CHACKO

JUDGEMENT

(1.) O. S. 174 of 1102 of the Sub Court, Kottayam was a suit on a hypothecation bond. The suit was decreed as early as 1108 M.E. Decree holders purchased the suit properties in court auction on 13th Karkkitakom 1120. This right was taken assignment of by the 4th plaintiff who got delivery of the properties on 26th June 1961. Meanwhile, on 4th Chingom 1121, 15th defendant had filed a petition to set aside the sale under O.21, R.90 It was subsequent to this that the 4th plaintiff had taken assignment of the sale right from the decree holders 2 and 3 on 18th Midhunam 1121. He contested the application to set aside the sale filed by 15th defendant. The sale was finally confirmed on 18th July 1958.

(2.) By that time the Kerala Agriculturists Debt Relief Act -- Act 31 of 1958 had come into force on 14th July 1958. 15th defendant filed an application under S.22(3) of the Act to set aside the sale which was allowed. Then a petition was filed by 15th defendant for redelivery of properties, which as stated earlier had been taken delivery of by 4th plaintiff on 26th June 1961. The court ordered redelivery with mesne profits on 11th February 1964. 4th plaintiff took up the matter in appeal to the High Court as A. S. 97/64. The appeal was dismissed on 25th May 1965.

(3.) 15th defendant had died on 26th August 1963 and defendants 36 and 37 were impleaded as his legal representatives. Subsequently, 37th defendant also died. Defendants 38 to 41 are his legal representatives.