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1998 Supreme(Bom) 84

B.H.MARLAPALLE
Balkishan Manekchand Zaver and others – Appellant
Versus
Jalgaon Peoples Co-operative Bank Ltd – Respondent


JUDGMENT - B.H. MARLAPALLE, J.:---The present petitioners are sons of Manekchand Zavar, who was a borrower of respondent No. 1 - Bank and he died on 20-8-1952. An award came to be passed on 20-12-1953 for recovery of Rs. 12,195/- (with principal amount of Rs. 10,000/- and interest of Rs. 2,195/-) under section 54 of the Bombay Co-operative Societies Act, 1925 against the present petitioners. On 14-4-1957 the respondent No. 1 obtained a certificate of execution under section 59(1)(b) of the Bombay Co-operative Societies Act, 1925 (hereinafter referred to the Old Act for short). Consequently on 15-7-1961, the Collector, Jalgaon issued certificate of transfer under section 59-A(1) of the old Act in respect of agricultural land belonging to the petitioners and admeasuring 11 acres, 18 gunthas in S. No. 242 (Gat No. 403) of village Paldhi, Taluka Erandol, District Jalgaon for partial satisfaction of Rs. 8,000/- out of the total Award of Rs. 12,195/-. The said land came to be transferred to respondent No. 1 Bank in pursuance of the certificate of transfer issued by the Collector. Respondent No. 1 Bank arranged for an auction of the said agricultural land transferred from petitioners to r






















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