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1948 Supreme(Mad) 315

SATYANARAYANA RAO
Karuppasamy Goundar – Appellant
Versus
K. T. Krishnaswamy Goundar – Respondent


Advocates:
N. Sivaramakrishna Aiyar and A. Balasubramania Aiyar for Appellant.
S. Krishnamachariar for A.C. Sampath Aiyangar for Respondent.

Judgment

The only point that was argued in the Courts below was that the Registrar of Co-operative Societies had no power to sell the properties in pursuance of the mortgage decree without an order of transfer of the decree from the Civil Court which passed the decree. The language of section 57-A of the Co-operative Societies Act is clear and so far as I am able to see, there does not seem to be any necessity for a transfer of the decree. The section says:

“The Registrar or any person subordinate to him empowered by the Registrar in this behalf may, subject to such rules as may be prescribed by the Provincial Government and without prejudice to any other mode of recovery provided by or under this Act, recover-(a) any amount due under a decree or order of a Civil Court, a decision or an award of the Registrar. . . .”

A decree was obtained by the Co-operative Society and under this section, the Registrar is entitled to execute the decree by bringing the property to sale. Mr. Sivaramakrishna Aiyar, the learned advocate for the appellant, wanted to raise also a further question that under the Co-operative Societies Act and the rules framed thereunder it is obligatory on the part of the R




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