9911796707
TMI Blog1999 (2) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... 980, under section 6(1) of the SAFEMA to the detenue to show cause why assets of 1 acre 36 cents of land with a building in Survey No. 81/1-I in Thrikodithanam village, Chenganacheri, and the right, title and interest in New City Bankers could not be forfeited as illegally acquired properties. To the said notice the detenue replied stating that the said land was purchased in the year 1970 with the funds furnished by one Chanda Pillai and that the same was released in favour of Chanda Pillai in the year 1973 and was later sold by him to the relatives of the detenue in the year 1981 and, hence, the said property is not an illegally acquired property. His plea relating to the second item is not relevant, as no arguments were advanced in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... racted and the Act is applicable to him. It was next contended by learned counsel for the appellant that the appellants being agriculturists, the forfeited property which consists of agricultural land with a building cannot be forfeited as section 60, proviso clause (c) of the Civil Procedure Code is a bar. The contention has no legs to stand in view of the overriding effect of section 24 of the SAFEMA which is in the following terms the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Section 60 of the Civil Procedure Code, the relevant portion extracted below are as follows : 60. Property liable to attachment and sale in execution of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aint. The order of forfeiture made by the competent authority is not a decree. In State of Punjab v. Dina Nath, AIR 1984 SC 352, it was held that section 60 of the Civil Procedure Code is not applicable to attachment and sale in any proceedings other than in execution of a decree of a civil court. The provisions of section 60 of the Code do not apply to an attachment and sale in any other statute, unless made expressly applicable thereto. The competent authority is neither a civil court nor the order of forfeiture passed by the competent authority a decree. The provisions of section 60 of the Civil Procedure Code are not made applicable to the SAFEMA and hence section 60 cannot be invoked by the appellant. In view of the specific provis ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
