PARAMESWARAN GOVINDAN vs KRISHNAN BHASKARAN AND ORS.

The Supreme Court held that under Section 132(2) of the Kerala Land Reforms Act, 1963, a decree can only be reopened if it remains unexecuted and possession has not been affected. The Court clarified that a redemption decree entitles the mortgagor to possession under Section 60 of the Transfer of Property Act, and thus, the application to reopen the decree was misconceived and without jurisdiction. The appeal of the mortgagor was allowed, and the High Court's decision was dismissed.