VELICHETI SATYANARAYANA Vs. KOPPAKA VENKATARAMAYYA (MINOR) REPRESENTED BY FATHER AND GUARDIAN SATYAM AND ORS.

JUDGEMENT

(1.) THIS is an appeal pursuant to the Letters Patent of this Court by the plaintiff in the suit from a judgment of Somayya, J., sitting in second appeal, reversing the learned Subordinate Judge of Narasapur, who dismissed an appeal from the learned District Munsif of Narasapur. The matter for determination is whether an order passed by the Provincial Government under Section 57 of the Madras Co -operative Societies Act VI of 1932 (hereinafter called " the Act") is valid.

(2.) THE facts are a little complicated, but, so far as they are relevant to this appeal, they can be shortly stated.

(3.) THE position at the date when the order was passed by the Provincial Government is interesting. The plaintiff had purchased the property, paid the price, the sale to him had been confirmed, he had been granted a sale certificate and, by 17th September, 1935, he had been put in possession of the property. During the ensuing six years the first defendant unsuccessfully sought to have the sale set aside by the Deputy Registrar of Co -operative Societies in 1935, by a suit which was dismissed in 1938, by an appeal there from which was dismissed in 1939 and by an application in 1939 to the Registrar which was dismissed in 1941.