Issue of demand notice under registered post to the party requiring the payment of correct amount due to the Bank is a prerequisite before proceeding further towards the sale of property in question. So all the Joint Registrars and all the officers concerned will ensure that the mandatory provisions should be strictly complied with before taking action towards sale of property by the sale officers under the said Act.
Krishna Bhat By the Kasaragod Co-op: Agricultural Development Bank in 1983 have declared the sale void due to non compliance of the provision of Section 12 of the former Land Mortgage Bank Act 1960 which was the corresponding Section of 19 of the present Kerala State Co-op: Agricultural and Rural Development Bank (Amendment) Act 1990. High Court of Kerala in their Judgement in O.P.No.1461/87 filed against the sale of property of Sri. But the power shall be exercised only after satisfying all the mandatory procedures required in this regard as per the Act and Rules.
Sections 19 to 28 of the Kerala State Co-op: Agricultural and Rural Development Bank (Amendment) Act 1990 empower the Primary Co-op: Agricultural and Rural Development Banks to bring to sale the property to which Gehan or mortgage or hypothecation relates, without intervention of Court, in case of default in the repayment of amounts due to the Banks.
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