The absence of board authorization renders the auction sale of mortgaged property unauthorized and void.

1. This application under Art.226 of the Constitution of India is directed against an order of the Assistant Registrar of Co - operative Societies Cum Sale Officer, Co - operative Land Mortgage Bank Ltd., Gauhati, dated 23-11-68 by which he held an auction sale of certain immovable property belonging to the petitioner which was subject to a mortgage to the Co - operative Land Mortgage Bank Ltd.

2. It is stated that the mortgagor failed to pay the dues and the mortgaged property was put to auction sale after giving requisite notice to the mortgagor. Annexure 'B' is a notice under S.11 (2) (b) of the Assam Co - operative Land Mortgage Bank Act, 1960, hereinafter called 'the Act'. This notice shows that the land was sold in public auction under S.12 of the Act. It is, therefore, difficult to appreciate the submission of Mr. K. P. Sen on behalf of the Bank that the sale did not take place under the provisions of this Act. Mr. Sen on behalf of the Bank has urged that we should not look into the provisions of the Act but should be guided by the provisions of the Assam Co - operative Societies Act, 1949. In view of the very notice (Annexure 'B'), this submission is absolutely without any force. The Respondent No. 1 acted in conformity with the provisions of this Act and, therefore, we will have to take into consideration only the provisions of this Act and not of the Assam Co - operative Societies Act, as urged by Mr. Sen. Mr. B. M. Goswami, the learned Counsel for the petitioner, submits that before recourse is taken to S.11(1) of this Act, there are certain conditions precedent which have to be fulfilled. We will, therefore, read this section :
"11. (1) Notwithstanding anything contained in the Transfer of Property Act, 1882, where a power of sale without the intervention of the Court is expressly conferred on the Mortgage Bank by the mortgage deed, the Committee of such bank or any person authorised by such Committee in this behalf shall, in case of default of payment of the mortgage money or any part thereof, have power in addition to any other remedy available to the Bank to bring the mortgaged property to sale without the intervention of the Court.
(2) No such power shall be exercised unless and until -
(a) the Board has previously authorised the exercise of the power conferred by sub-section (1) after hearing the objections, if any, of the mortgagor :
(b) * *
(c) * *
We have asked Mr. Sen whether the Board in this case, the Board of Directors of the Gauhati Co - operative Land Mortgage Bank Ltd., had previously authorised the exercise of the power under S.11 (1) of the Act. The learned Counsel frankly admits that no such authorisation has been given by the Board. Faced with this position, the learned Counsel did not like to rely upon the provisions of this Act but took recourse to the provisions of the Assam Co - operative Societies Act to which we have already adverted.

3. Mr. Sen next contends that S.18, at any rate, would bar adjudication of any question of title of the purchaser on the ground of irregularity of the sale etc. We may, therefore, read that section.
"18. Where any property is sold in the exercise or purported exercise of a power of sale under the provision of this Act, the title of the purchaser shall not be questioned on the ground that -
(a) the circumstances required for authorising the sale had arisen; or
(b) due notice of the sale was not given; or
(c) the power of sale was otherwise improperly or irregularly exercised;
but any person who has suffered any damage by an unauthorised, improper or irregular exercise of any such power shall have a remedy in damages against the mortgage Bank. Such property shall vest in the purchaser free from all encumbrances."

4. Taking the se