ATHUR GOPALAN NAMBIAR Vs. KUNHIKANDIYIL MOIDEEN

JUDGEMENT

(1.) THE points arising for consideration in these revision petitions are identical and, therefore, these three petitions are jointly heard and disposed of by this common order.

(2.) IN execution of the award obtained by the petitioner -bank, the properties in dispute were sold in public auction. The petitioner -bank purchased them with the permission of the sale officer. The sale officer issued the sale certificate. Failure on the part of the judgment -debtors to surrender possession of the properties resulted in the petitioner -bank filing execution applications from which these revisions arise, before the Munsiff of Payyoli, under Order XXI, Rule 35 or 95, Civil Procedure Code.

(3.) THAT the Co -operative Societies Act and the Rules do not contain provisions authorising the sale officer to put the decree -holder -purchaser inpossession of the property, in the event of the proceedings to take possession being obstructed by the judgment debtor himself, is beyond challenge. The question, therefore, is under such circumstances, can a decree -holder initiate proceedings under Order XXI, Rule 35 or 95, Civil Procedure Code, to take delivery of possession of the property from the judgment debtor ?