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S. SOUNTHAR
M. Chitra – Appellant
Versus
Deputy Registrar of Cooperative Societies, Dharmapuri – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the conditional attachment order passed by the first respondent dated 01.09.2022 under Section 167(2) Tamil Nadu Cooperative Societies Act, 1983 quash the same and consequently direct the respondents to raise the order of attachment made in Survey Nos.306/1C, 306 /3C and 306/5C measuring 1.62 hector at Sikkalur Village, Harur Taluk, Dharmapuri District.)
1. The petitioner has come up with this Writ Petition challenging the conditional attachment order passed by the first respondent dated 01.09.2022 under Section 167(2) Tamil Nadu Cooperative Societies Act, 1983, in respect of the properties of the petitioner in S.Nos.306/1C, 306/3C and 3036/5C measuring about 1.62 hector situated at Sikkalur Village, Harur Taluk, Dharmapuri District.
2. According to the petitioner, she is the absolute owner of the property in S.Nos.306/1C, 306/3C and 3036/5C measuring about 1.62 hector situated at Sikkalur Village, Harur Taluk, Dharmapuri District. She purchased the said property from one Kavitha and Latha for a valuable consideration of Rs.
The main legal point established in the judgment is that unless the provision of the Cooperative Societies Act or Rules framed therein contemplate a statutory fiction or presumption in favor of the s....
A purchaser’s property cannot be attached for another's debts if they are not a party to the debt proceedings.
A spouse's property cannot be attached in surcharge proceedings against the other spouse unless it is proven that the property was purchased with misappropriated funds.
Attachment under Section 167(2) of Tamil Nadu Cooperative Societies Act limited to property of person inquired under Section 87, not spouse.
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