THANGLA ALIAS THANGAVELU, ONTHIRIYAN AND OTHERS Vs. THE HANUMAN BANK LTD. (IN LIQUIDATION), REPRESENTED BY OFFICIAL LIQUIDATORS, BRAHMAYYA AND CO. AND ANOTHER

JUDGEMENT

(1.) THESE are a batch of second appeals preferred against the decrees and judgment of the learned District Judge of West Tanjore in A.S. Nos. 73 to 102 of 1954, confirming the decrees and judgment of the learned Deputy Collector, Kumbakonam, in S. S. Nos. 1 to 4, 6 to 27 and 29 to 32 of 1952.

(2.) THE facts are : The plaintiffs in these suits alleging themselves to be occupancy ryots filed the suits under Sec. 55 of the Madras Estates Land Act for issue of pattas. The Hanuman Bank Ltd., (in liquidation) represented by Official Liquidators, Brahmayya and Co. is the defendant in each of these suits. The liquidation ordered by this High Court is in progress. Both the Courts below held that the Deputy Collector, Kumbakonam, could not dispose of the suits by virtue of the provisions of Ss. 45 -A, 45 -B and 45 -O of the amended Banking Companies Act, 1949, read with Sec. 11 of that Amending Act, that came into force on 18 -3 -1950. These suits were filed on or after 5 -5 -1951. Hence these second appeals by the defeated plaintiffs.

(3.) PART III -A of the Banking Companies Act, 1949, deals with the special provisions for speedy disposal of winding up proceedings. Secs. 45 -A, 45 -B and 45 -C of the said Act are as follows: