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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice L.Victoria Gowri, J
M. Rajalakshmi – Appellant
Versus
Registrar of Cooperative Societies (Housing), Office of the Registrar of Cooperative Societies – Respondent
ORDER :
(L.VICTORIA GOWRI, J.)
Heard the learned counsels on either sides and carefully perused the materials available on record.
2. Challenging the attachment order dated 04.10.2018 passed by the Deputy Registrar / second respondent attaching the property of the petitioner, this writ petition is filed.
3. The claim of the petitioner is that she married one Mohan, S/o. Chinnan. She purchased a land from one Velu Konar in the year 2008 vide sale deed bearing Document No.1507 of 2008 dated 09.04.2008 and the same is the flat bearing Nos.40 and 40 A situated in survey No.197-1 of Nallamani Nagar, K.Pudur, Thallakulam Taluk, Madurai district. The said property is the self acquired property of the petitioner. The petitioner's husband, Mohan served as the president of the 3rd respondent Society. A surcharge proceeding was initiated as against him and pursuant to the same, an attachment before judgment vide impugned order came to be passed by the 2nd respondent on 31.10.2018 and the petitioner on availing an encumbrance certificate for some other purpose pertaining to the said property, she came to know that her property is attached. Hence, challenging the same, this writ petition is filed.
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.
Section 167 TN Co-op Act does not permit attachment of third-party properties without evidence of acquisition from misappropriated funds.
A purchaser’s property cannot be attached for another's debts if they are not a party to the debt proceedings.
The main legal point established in the judgment is the requirement for the adjudication of the claim petition and the prohibition of any alienation or encumbrance of the property until a fresh order....
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