KANUPARTHI GANGI REDDI Vs. THE LIQUIDATOR OF UTUKUR CO-OPERATIVE SOCIETY (IN LIQUIDATION) BEING THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CUDDAPPAH AND ORS.

JUDGEMENT

(1.) THIS second appeal raises no doubt a question of law depending on the construction of two sections of the Madras Co -operative Societies Act (VI of 1932), but in my opinion there can be only one answer to the question raised. The appellant before us was a member of the Utukur Co -operative Society which went into liquidation on 4th February, 1933. Sometime before the liquidation, on the 1st December, 1932, the first plaintiff, the appellant herein, ceased to be a member of the society. The liquidator appointed to wind up the society levied contribution against the plaintiffs amongst others on or about the 20th January, 1940. The plaintiffs appealed to the Registrar of Co -operative Societies against the order for contribution but the Registrar rejected the appeal. There was a revised order for contribution passed against the plaintiffs on the 25th November 1940, and the plaintiffs with the leave of the Registrar instituted the suit from which the present appeal arises for a declaration that the contribution levied is not valid. In short, the contention of the plaintiffs was that under Section 25 of the Act their liability to pay contribution ceased on the lapse of two years from the date of their ceasing to be members and therefore the order for contribution passed by the liquidator under Section 47 was illegal. Both the Courts below have rejected this contention and held that Section 25 is not a bar to the claim for contribution. The first plaintiff appeals.

(2.) SECTION 25 of the Act is in these terms: