P. NATARAJAN Vs. K. KRISHNASWAMI GOUNDAR AND ANR.

JUDGEMENT

(1.) IN enforcement of the mortgage effected on 24th March, 1945, by Selvarangam and Shanmugam to the Salem Urban Co -operative Society, the Society brought the hypotheca to sale. The sale was held under the orders of the Deputy Registrar on 9th November, 1951. The petitioner purchased the properties at that sale for Rs. 555. The sale was eventually confirmed by the Deputy Registrar on 15th January, 1952. The first respondent, who had purchased the same property in a sale held by a civil Court on 25th January, 1951 -that sale was confirmed on 1st October, 1951 -applied to the Registrar on 10th June, 1952, under Section 57 of the Madras Co -operative Societies Act to revise the order of the Deputy Registrar dated 15th January, 1952, confirming the sale. The petition was disposed of by the Additional Joint Registrar on 29th September, 1953. He set aside the sale which had been held on 9th November, 1951, mainly on the ground, that the property had been sold for a grossly inadequate price far below its market value. The petitioner applied under Article 226 of the Constitution for the issue of a writ of certiorari to set aside the order of the Additional Joint Registrar dated 29th September, 1953.

(2.) THE contention of the learned Counsel for the petitioner was that the Additional Joint Registrar had no jurisdiction to set aside the sale which had been confirmed by the Deputy Registrar. No doubt the learned Counsel for the petitioner was well -founded in his contention, that if the Deputy Registrar himself could not have set aside the sale at any time after 9th November, 1951, the revisional authority could not set aside the sale, because it would not be a case of correcting any erroneous exercise of jurisdiction. Rule 22(10) of the Rules framed under the Madras Co -operative Societies Act provides for setting aside sales held under the provisions of the Act and the Rules framed thereunder.

(3.) IT is the provisions of Sub -rule (10)(iii) that are really relevant. This rule runs: