RAMKRISHNA VAMAN PAI Vs. NARAYAN VAMAN SHANBHAG

JUDGEMENT

(1.) IN this second appeal a question of some importance arises which requires to be finally decided by a division bench. The question arises in the following circumstances. Survey No. 23 of the village of Uppinpattan was mortgaged to the Co-operative Credit Society of the village of Uppinpattan by the manager of the joint family to which the appellant belongs. In respect of the mortgage dues an award was made under Section 54, Co operative Societies Act, 1925, on 24-3-1930, of which the terms were as follows:

(2.) BHAGWATI, J.--This is a second appeal from a judgment of the District Judge of Kanara at Karwar who reversed the decision of the learned Civil Judge, Junior Division at Kumta, decreeing the plaintiff's claim for possession of the suit laud against the defendant.

(3.) THE plaintiff is one of the coparceners of a joint and undivided Hindu family suing for actual possession of the suit land after setting aside its safe, if necessary, held in execution of the award in arbitration case No. 8 of 1930 of the Co-operative Society of Uppinpattan, past mesne profits, costs and future mesne profits. The plaintiff's uncle one Dasa who was the manager of the joint family mortgaged certain joint family properties to the Uppinpattan Cooperative Society. The Society went to arbitration in order to recover the monies due by the joint family to it, and an award was made by the arbitrator on 24-3-1930, in the terms following: