Order For Rateable Distribution Of Property Among Various Decree Holders Bars Them From Setting-Off Their Individual Debt: Kerala High Court

Post published: June 24, 2022
Post category:Daily Judgments / Kerala High Court
Reading time:2 mins read

Order For Rateable Distribution Of Property Among Various Decree Holders Bars Them From Setting-Off Their Individual Debt

Case: Subaida Ebrahim v. Moosa C & Ors.

Coram: Justice Anil K. Narendran and Justice P.G Ajithkumar

Case No.: F.A.O.NO. 25 OF 2021

Court Observation: “A conjoint reading of Section 73 and Order XXI Rule 72 would show that whenever a set-off is allowed, the order of rateable distribution shall have to be reckoned with and only after ascertaining the proportionate amount entitled by the decree holder-purchaser, his entitlement to set off can be decided. The provisions do not convey a meaning that in a case where rateable distribution is ordered by the Court, there can be an unbridled right to the decree holder-purchaser to set off the entire decree debt due to him. What he is entitled is only to set off the proportionate amount he is entitled on the rateable distribution.”

Subaida-Ebrahim-v.-Moosa-C-Ors.-24-June-1 Download

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