NARAMGANAM SERVICE CO OP SOC Vs. RADHAKRISHAN NAIR

JUDGEMENT

(1.) The revision petitioner, which is a Co-operative Society, obtained an award against the predecessor of the respondent herein in Arbitration Case No.11 of 1971 of the Deputy Registrar, Co-operative 'Societies, Quilon. In excution of that award a property was sold in auction and it was purchased by the Society. In the proceedings for getting delivery of the property through the lower Court, notice was issued to the respondent herein. He raised a contention that the sale was not proper and Was conducted without notice to him. The original defendant died on 16-8-1977 and therefore the sale is illegal He is not liable to be impleaded as defendant and the property is not liable to be delivered over to the Society.The lower Court upheld this contention. The revision is filed against the said order.

(2.) The revision petitioner-Society has produced at the time of hearing photostat copies of the file relating to the sale conducted by the sale officer. Along with C.M.P. 14322 of 1988 the revision petitioner has produced copies of the certificates of posting of the notice issued to the legal representatives of the defaulter. They arc marked as Exts. A1 and A2 respectively. The name of the respondent appears in both the certificates of posting. Under Rule 74 of the Co-operative Societies Rules, 1969, hereinafter referred to as the rules, if aay award has to be executed as provided in Clause (c) of Section 76 the holder of such award shall apply to the Registrar in the prescribed form. The Registrar shall verify the correctness and genuineness of the particulars in the application with the records and forward it to the Sale Officer for action. The Sale Officer is to prepare demand notice in writing in the prescribed form giving necessary particulars and serve it on the defaulter. Where the defaulter dies |j|f0re the decree has been fully satisfied, an application under sub-rule (1) ofJ^ulc 74 may be made against the legal representatives of the deceased and thereupon all the provisions of Rule 74 shall apply as if such legal representatives were the defaulters.

(3.) The demand notice is seen at page 16 of the file. It is addressed to Govindan Nair Raman Nair (G. Raman Nair) defaulter himself and was dated 21-12-1976. Copy of the execution petition is seen at page 17 of the file. The prayer in the petition was to attach and sell 1 acre 65 cents, details of which arc given in the petition. The encumbrance certificate is seen at page l| of the file. At page 48 of the file there is the registered letter from the Secretary to the Sale Officer, Which mentions that notice of sale was sent to the legal representatives of the defaulter and the postal certificates are sent along with the letter. At page 49 is the certificate from the Village Officer to the effect that the Village Officer has effected the publication of the sale notice in the village office. At page 50 is the record showing that the notice was published in the Panchayat Office, Naranganam. The notice was published also in the Office of the Assistant Registrar of Co-operative Societies, Pathanamthitta, as seen from the certificae at page 51. The Tahsildar, Pathanamthitta and Sub-Registrar, Kozhencherry have also published the notice in their offices. The certificate of posting of the notices sent to the legal representatives of the defaulter ia respect of the sale which was adjourned from time to time are also seen at pages 59, 75 and 93 of the file. On 19-12-1979 the property was surveyed by the Village Officer, Naranganam and he prepared a plan. On survey it was found that the property had only an area of 59cents. The plan is seen at page 86 of the file. The names of the persons who participated in the auction and their signatures are seen at pages 66, 67 and 68 of the file. The sale was conducted on 6-2-1980 and it was purchased by the Society for Rs. 13,500/-. This sale was duly confirmed and sale Sanad was issued in favour of' the Society.