THANKAM Vs. DAMODARAN

JUDGEMENT

(1.) THESE two appeals and the cross-appeal arise out of the judgment and decree in a suit for redemption, O. S. No. 20 of 1969 on the file of the Subordinate Judge of Trivandrum; A. S. No. 343 of 1972 is by defendants 4 to 9; A. S. No. 344 of 1972 is by the 2nd defendant; and the cross-appeal therein is by the plaintiff in the suit.

(2.) THE main submission made on behalf of the appellants in A. S. No. 343 of 972 when the appeals came up for hearing before the division Bench was that the purchaser is a revenue sale derives no title to or interest in the property sold till the date of confirmation of the sale. THE division Bench having doubted the correctness of a decision of this Court in krishnadas v. P. S. Sama Iyer ( 972 KLT. 178 D. B.) on which the appellants placed reliance, referred the matter to a Full Bench; and that is how the matter has now come up before this Full Bench.

(3.) THOUGH we see the force of the reasoning that the provisions of S. 65 of the C. P. C. do not have direct application to a sale under the Revenue Recovery Act, we find it difficult to agree with the interpretation sought to be given by the Division Bench to S. 43 of the Madras revenue Recovery Act which (except for verbal changes) corresponds to S. 45 of the Travancore-Cochin Revenue Recovery Act (Act VII of 1951 ). The approach made by Sadasivan J. in coming to the conclusion that S. 65 C. P. C. would be applicable to revenue sale as the C. P. C. has not been made in applicable to such sale, appears to proceed on a wrong assumption of the legal position. It also appears to us that the conclusion reached by the Division Bench on the reasoning that there was, in the Revenue Recovery Act, no provision which laid down that the confirmation of the sale related back to the date of sale as embodied is S. 65 CPC. is not acceptable.