Supreme Court of India · 1992-03-13
EAPAN THOMAS vs SYED MOHAMMED KUNJU MOHAMMED KUNJU
- Citation / case number
- SC 1980/63346
- Court
- Supreme Court of India
- Petitioner
- EAPAN THOMAS
- Respondent
- SYED MOHAMMED KUNJU MOHAMMED KUNJU
- Author
- M.M. PUNCHHI
- Bench
- M.M. PUNCHHI
Judgment text excerpt
The Supreme Court upheld the applicability of Section 20 of the Kerala Agriculturists Debt Relief Act, 1970, stating that a judgment-debtor need only be in possession of a portion of the property to maintain a Debt Relief Petition. The Court affirmed that the sale under Section 20 is indivisible, allowing the respondent to retrieve property item No. 3 despite the appellant's possession. The Court ruled that the appellant was not entitled to costs for improvements or mesne profits for the past three years, thereby dismissing the appeal of the decree-holder.