JOHN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The agreement dated 29-9-1969 executed between the first petitioner and the third respondent, The Kerala Fisheries Corporation Ltd., hereinafter referred to as the Corporation, provides that the first petitioner shall purchase fish from the fishermen who are the clientele of the Corporation and pay the price to the Corporation at the rates fixed in the agreement. During the period from 20-10-1969 to 15-3-1971 certain purchases were made by the first petitioner and several payments in regard to the said purchases were made. This was the state of affairs when on 27-2-1971, the Corporation intimated the first petitioner that it has decided to terminate the contract with effect from 15-3-1971 oh account of default in payments. As per the said notice an amount of Rs. 26029.42 was in arrears. The first petitioner on receipt of the notice assured the Corporation that he would pay off the dues without delay. On 25-10-1972 the Corporation through its counsel informed the first petitioner (Ext. P1) that a sum of Rs. 32507.97 p. was due under the agreement after giving credit to the various payments already made and coming to Rs. 23579.02. The notice further stated that the said amount with interest thereon at 12% shall be paid within 14 days of the notice failing which legal proceedings for recovery of the amount will be initiated against the first petitioner and he will be held liable for all costs and consequences.

(2.) The Corporation, it is stated in the counter affidavit, subsequently has obtained a decree against the petitioners for the recovery of a sum of Rs. 41,823.70 on 29-3-1974 in enforcement of the agreement. This amount is sought to be recovered by invoking the provisions of the Kerala Revenue Recovery Act, for short the R.R. Act. The recovery, however was resisted by the petitioners on the ground of bar of limitation.

(3.) The question thus arising for consideration is, Are the proceedings for recovery of the decree amount (by invoking the provisions of the R.R. Act) barred by limitation