K S RAMACHANDRAN Vs. RAGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) THE petitioner prays for the issue of a writ of certiorari or any other appropriate writ to quash the order of the Joint Registrar of Co-operative Societies in R. P. No. 24 of 1958 on his file dated 11-6-1959.

(2.) THE facts giving rise to this petition are as follows : The petitioner's father and the petitioner were members of the Koohur Co-operative Credit Society, hereinafter referred to as the Society, the second respondent herein. The petitioner's father had obtained loans from the Society and had offered securities of his properties for the repayment of the debt, it appears that the petitioner and his father had been making variou's instalments of payments towards the debts. A pass book had been issued by the society making the credits and debits relating to the debts incurred. The Society had only one employee, who was functioning both as cashier and clerk. In the year 1956, it was discovered that the cashier-cumclerk had misappropriated large sums. of money and manipulated entries in the account books of the society. There was an enquiry in the matter by two Sub registrars and the account books were scrutinised. The extent of the misappropriation of the employee was about s. 13000. He was duly prosecuted in, a criminal court and was convicted for the offence of misappropriation and sentenced to a term of two years rigorous imprisonment. The petitioner was one of the witnesses on the side of the prosecution to prove payments made to the employee in the course of the discharge of his duties.

(3.) THE Society filed an arbitration reference under the Co-operative Societies Act before the Deputy Registrar, Tiruchirapalli, for the recovery of a sum of Rs. 118833, from the petitioner in his capacity as a member and legal representative of his deceased father, Chinnadorai Muthiriyar. The Deputy Registrar took the reference on his file and transferred it to the Co-operative Sub Regis-trar, Tiruchirapaili north, for enquiry and disposal. The Sub Registrar enquired into the matter and passed a combined mortgage award for Rs. 2541-10 against the petitioner in respect of two claims A. R. C. No. 401/1957-1958 and A. R. C. 402/1957-1958. The subject matter of this writ petition relates only to A. R. C. 401/1957-1958. This was the reference in respect of loan No. 1403 under which the petitioner's father had obtained a loan of Rs. 2000 on 12-41949. The petitioner's case was that he had repaid the entire loan, principal and interest, by making payments on various dates in unequal instalments except a balance of one rupee. The evidence on which the petitioner relied to prove the discharge pleaded by him consisted mainly of the pass book issued on behalf of the society in his favour. The Sub Registrar compared the entries of the pass book with the account books maintained on behalf of the society and such comparison only disclosed great disparity between the two. The pass book was however rejected as not constituting proper evidence, not on the ground that the entries therein were not genuine, but on the ground that it was signed only by the ex-clerk of the society who had under the bye-laws of the society no authority to receive money on behalf of the society and bind the society. The sub Registrar in holding against the petitioner observed thus :