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1945 Supreme(Mad) 172

ALFRED HENRY LIONEL LEACH
Ramabhakthula Ramayya – Appellant
Versus
Chittoor District Co-operative Deputy Registrar and Liquidator of Co-operative Societies – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The appellant was a member of the Valavali Agraharam Co-operative Society, which is now in liquidation. He was indebted to the Society and the liquidator passed an order against him under Section 47 of the Madras Co-operative Societies Act, 1932. This entitled the liquidator to proceed in execution in accordance with the rules framed under the Act. The liquidator applied to the Deputy Registrar of Co-operative Societies to execute the order requiring payment by bringing to sale properties belonging to the appellant. After the properties had been sold the appellant filed an application before the Deputy Registrar for an order setting aside the sale on the ground that there" had been material irregularity and fraud in connection with the proclamation and conduct of the sale. This application was rejected. The appellant then appealed to the Registrar, who confirmed the order of the Deputy Registrar dismissing the plaintiffs objections to the sale. Thereupon the appellant filed a suit in the Court of the Subordinate Judge of Chittoor for a decree declaring that the sale was fraudulent and that all the proceedings in execution were vitiated by m





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