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1965 Supreme(Ker) 393

C.A.VAIDIALINGAM
Cottage Industries Co Operative Society – Appellant
Versus
Ramaswami Achari – Respondent


ORDER

C. A. Vaidialingam, J.

1. In this revision petition Mr. George Varghese, learned counsel for the 1st defendant petitioner, the Cooperative society in question, challenges the decree and judgment of the learned Munsiff of Kottarakara in S. C. S. No. 43/1963 accepting the claim of the plaintiff and passing a decree in his favour.

2. According to the plaintiff, he had deposited a sum of Rs. 267/- in a savings bank account with the 1st defendant society, of which the plaintiff is also a member. Out of the amount deposited by him, the plaintiff states that he has withdrawn a sum of Rs. 50 and as the balance amount has not been paid inspite of demand, he has instituted the suit in question for realisation of the same. Both the cooperative society as well as its President, who were defendants 1 and 2 respectively in the action, took up two contentions viz., that the amount, for the recovery of which the plaintiff has instituted the suit, really represents a security deposit that has been made by the plaintiff, and that inasmuch as he is a member of the society, the proper remedy to be adopted will be as provided for in S.60 of the Travancore - Cochin Cooperative Societies Act (Act X of





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