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march 1992

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.

EAPAN THOMAS vs SYED MOHAMMED KUNJU MOHAMMED KUNJU · Niyam