An award under the Kerala Cooperative Societies Act is executable by the Munsiff Court, notwithstanding the objections related to pecuniary jurisdiction at the time of filing the execution petition.

1. Revision Petitioner is the judgment debtor in E. P. No. 234 of 1994 in A. R. C. No. 1058 of 1990 on the file of the Munsiffs Court, Hosdurg. Respondent is the decree holder in the said Execution Petition The Execution Petition was filed by the respondent under O.21 R.66, 72 and 82 of the Code of Civil Procedure for realising the decree debt by sale of immovable property. The decree sought to be executed is an award for a sum of Rs. 26,081/- with future interest, passed by the Assistant Registrar of Cooperative Societies, Hosdurg in A. R. C. No. 1058 of 1990 under S.70 of the Kerala Cooperative Societies Act Under S.76 of the Kerala C-op. Societies Act read with R.72 of the Kerala Cooperative Societies Rules, an award made under S.70 of the Act, if not carried out on a certificate signed by the Registrar or any person authorised by him in this behalf, be deemed to be a decree of a Civil Court and shall be executed in the same manner as the decree of such court. S.76 of the Kerala Cooperative Societies Act reads as follows:
"Every order made under sub-s.(2) of S.68 or under S.75 every decision or award made under S.70, every order made by the liquidator under S.73 and every order made by the Tribunal under S.82, S.84, S.85 or S.86 and every order made under S.83 shall, if not carried out-
(a) on a certificate signed by the Registrar or any person authorised by him in this behalf, be deemed to be a decree of a civil Court and shall be executed in the same manner as the decree of such Court; or
(b) where the order is for the recovery of money, be executed according to the law and under the rules for the time being in force for the recovery of arrears of public revenue due on land".
When notice was served on the petitioner several objections were raised regarding maintainability of the petition. Overruling the above, it was held in the impugned order dt 11.8.1995 that Execution Petition is maintainable. Eventhough several grounds were raised, now only two grounds are pressed by the petitioner and other grounds were given up.

2. The first ground is that under S.38 of the Code of Civil Procedure, only a decree can be executed either by the Court which passed the decree or by the Court to which it is sent for execution. In the instant case, the decree sought to be executed before the court below is not one sent for execution. Since the Assistant Registrar has passed the order, it is not an executable decree. This question was not raised before the lower court. Apart from the above, in view of the clear provisions under S.76(a) of the Kerala Cooperative Societies Act, an award of the Tribunal on a certificate signed by the Registrar be deemed to be a decree of a Civil Court and it can be executed in the same manner. Therefore, there is no merit in the contention raised by the petitioner. Dealing provisions in S.7 of the Kerala Cooperative Societies Act will take care of the situation.

3. The second ground is that at the time when the execution petition was filed Munsiff's Court has got jurisdiction to try suits upto Rs. 15,000/-. Since the principal amount is more than Rs. 20,000/- in this case the Munsiff's Court has no pecuniary jurisdiction. S.76(a) says that on a certificate issued by the Registrar, an award shall be deemed to be a decree of a Civil Court and shall be executed in the same manner as a decree of such Court. It was contended that such court means such a competent Court and therefore, the Court should be having territorial jurisdiction as well as pecuniary jurisdiction. The above objection was overrul