RADHAKRISHNAN PAVOOR Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THE petitioner is aggrieved with the revenue recovery proceedings initiated against the petitioner for recovery of debts due from the petitioner. Admittedly the petitioner availed of a loan of Rs. 30,000/ - from the 2nd respondent by execution of an agreement on 14.05.2001. Even as per the averments in the original petition, the loan was disbursed on 11.07.2001 with repayment schedule of 60 months duration. Hence, the repayment should have been completed by 11.07.2006. The petitioner's contention is that, the present recovery proceedings initiated is beyond the limitation period as stipulated under the Limitation Act, 1963.

(2.) THE petitioner also relies on a decision of the Hon'ble Supreme Court reported in Sampuran Singh v. Niranjan Kaur [ : 1999 (2) KLT (SN) 83] and a decision of the Division Bench of this Court reported in Devukutty Amma v. Madhusudanan Nair [ : 1995 (2) KLT 118] to buttress his contentions. The learned Counsel for the petitioner also relies on a judgment of the Division Bench in W.A. No. 220 of 2012, wherein, a co -obligant's liability was set at naught again for reason of limitation. The judgment in the review sought for by the 2nd respondent is produced at Ext. P6.

(3.) THE learned Counsel for the petitioner would contend that the petitioner had paid instalments only up to 2004 and default having been committed then, the recovery proceedings ought to have been initiated within three years from the date of such default. The petitioner also has a contention that if at all Ext. P4 is considered as an acknowledgment, the same can only be enforced for the last instalment since limitation for recovery of each instalment should relate back to the date when the same was due. This Court however is unable to countenance such contention since, the specific period of payment of the loan was 60 months. If the loan was foreclosed on default, then necessarily the same should have crystallised into a proper proceeding for recovery before the limitation period as determined from that date. The creditor has the option to wait until the entire repayment period is over for initiating recovery proceedings. In such circumstance, the decision cited above at Sampuran Singh (supra) is not applicable.