HASEEN YUSUF Vs. SYED ASHIQ ALI

JUDGEMENT

(1.) THE plaintiff opposite party took some loan from a co-operative society. THE co-operative society moved the Registrar of Co-operative Societies with a dispute regarding non-payment. In due course, an award was made in favour of the society. THE award was put in execution and the property now in dispute belonging to the plaintiff was sold. In due course the sale certificate was issued to the auction purchaser. THE plaintiff took proceedings under the Arbitration Act for the setting aside of the award. He applied for an adinterim injunction which was granted initially, but was subsequently vacated. THE plaintiff then filed the present suit for an injunction restraining the defendant from interfering with the plaintiff's possession. He also applied for an ad interim injunction. THE trial court refused the prayer. On appeal, the order was reversed. THE defendant was restrained from interfering with the possession of the plaintiff during the pendency of the suit. Aggrieved, the defendant has come to this Court.

(2.) THE concurrent findings are that prima facie nothing has been shown which might indicate that the arbitration proceedings or proceedings in execution of the award were illegal. This shows that the sale was valid and so was the issuance of the sale certificate. THE lower appellate court was influenced by the fact that in the Co-operative Societies Act and the Rules there was no specific provision entitling any officer to deliver possession to the auction purchaser. From this it was deduced that the case of the defendant that he was in possession was not liable to be believed. On these findings, the order of injunction was issued.

(3.) IN the result, the revision succeeds and is allowed. The impugned order of the lower appellate court is set aside. The applicant will be entitled to costs. Revision allowed.