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1949 Supreme(Bom) 46

BAVDEKAR, DIXIT
Santimmappa, Venkappa Konnur – Appellant
Versus
Balbhim Co-operative Credit Society of Hebsur – Respondent


Advocates:
B.N. Gokhale - for Appellant. G.P. Murdeshwar - for Respondent.

Judgement

BAVDEKAR, J. :- The respondent Co-operative Credit Society had obtained an award in 1929 for Rs. 576-13-3 against one Basawwa under the Co-operative Societies Act. The property in suit was sold in execution 6f that award on 16th February 1934. It appears that prior to this sale the property in suit had already been attached by another Creditor and the sale price was distributed between the respondent Co-operative Credit Society and the other creditor, but there has been a compromise subsequently between the latter and the auction purchaser of the property and we will not be concerned with him, therefore, in the present appeal. The respondent Co-operative Credit Society refused to compromise the matter and consequently the suit has come to this Court. The reason why the auction purchaser was required to file a suit is that on 15th February 1934, one person claiming to be the adopted son of Basawwa adopted on 29th January 1930, sued the auction purchaser after he had been put into possession of the property and dispossessed him in execution of a decree obtained in that suit. The auction purchaser thereupon filed this suit against the original judgment-creditor the respondent





















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