SELMA BEEVI Vs. KARUNAKARAN PILLAI

JUDGEMENT

(1.) The revision petitioners are obstructors when a sale certificate issued in favour of the respondent in enforcement of an award passed under the Kerala Cooperative Societies Act was sought to be enforced. The award was passed on 28.12.1978. The property in the question was sold. The sale was confirmed on 5.11.1980 and a sale certificate was issued. When property was attempted to be delivered obstruction was offered on 7.2.1986. The purchaser approached the civil court for delivery with an application on 20.2.1990 within 12 years of the confirmation of sale but beyond one year thereof. The obstructor raised a contention that the execution was barred by limitation in view of Art.134 of the Limitation Act. The purchaser contended that it was Art.136 of the Limitation Act that applied and since the application for delivery was within 12 years of the confirmation of sale, he was entitled to delivery of the property. The executing court relying on the decision of this Court in Varghese v. Muthukulam Service Cooperative Society ( 1980 KLT 400 ) held that it was Art.136 of the Limitation Act that applied and hence the delivery having been sought within 12 years of the confirmation of sale the execution petition was within time and delivery could be ordered. This is what is challenged in this Civil Revision Petition.

(2.) When the matter came up before a learned Single Judge, the learned Single Judge stating that an important question arose for decision; referred the matter to a Division Bench. That is how this Revision has come up before us.

(3.) It is by virtue of R.84 of the Kerala Cooperative Societies Rules that the purchaser of immovable property in enforcement of a valid award under the Cooperative Societies Act is enabled to approach the civil court for delivery of the property when obstruction is offered. R.84 reads as follows: