Pathumma And Others vs State Of Kerala And Others on 16 January, 1978
the necessity of providing relief to agriculturists who had
lost their immovable property by court's sales in execution
of decrees against them and who had been rendered destitute.
What is of significance is that the Court in Pathumna's case
having regard to the legislative history in the State of the
relief from agricultural indebtedness and the sad plight of
agriculturists who had, been rendered destitute upheld the
validity of s.20 of the Act which provided for restoration
of their immovable property sold in execution of any decree
for recovery of a debt or sold under the provisions of the
Revenue Recovery Act or sold in execution of any decree for
arrears of rent etc. The Act did not deprive the purchaser
of the property without payment of compensation but on the
contrary it enjoined that the purchase money shall be
refunded to him In the case where the decreeholder was the
purchaser, the debtor was allowed to deposit one-half of the
purchase money along with the application to the Court for
restoration of possession and to repay the balance amount in
10 equal half-yearly instalments, together with interest
thereon. As regards a stranger auction-purchaser the Court
observed that he stood mere or less in the same position as
the decreeholder cannot be heard to complain since he
purchased the property as a distress sale and was therefore
bound to restore the same to the agriculturist debtor. The
law however treated him differently because he had nothing
to do with the decree and was therefore enjoined to return
the property to the agriculturist debtor on payment of the
entire amount in lump sum. Further, where improvements had
been effected on the property, the debtor was required to
deposit the cost of such improvements for payment to the
purchaser. It is not necessary to encumber the judgment with
many citations.