MADHO SINGH Vs. DISTRICT CENTRAL CO-BANK LTD.

JUDGEMENT

(1.) THIS is a Second Appeal by the legal representatives of the original plaintiff Shobharam against the judgment and decree dated the 31st of October, 1958 passed by the Addl. District Judge Gwalior in Civil Appeal Nos. 193 and 205 of 1953.

(2.) THE plaintiff Shobharam purchased the house in suit at an auction -sale held on 27 -9 -1939 by the Inspector, Co -operative Bank, Bhind for recovery of a debt due from Gangasingh and Pratapsingh, members of the Akloni Sabha (Society) No. 1, A sale certificate was issued to the plaintiff on 2 -12 -1939 in which it was mentioned that the house sold to him was free from all encumbrances.

(3.) IT was alleged in the plaint that Gangasingh and Pratapsingh were members of the Akloni Sabha (Society) and as such were liable to pay the debts due from the Socitey. The property belonging to Gangasingh and Pratapsingh including the house in suit was mortgaged with the Society. In the Haisiyat register maintained under the Qanoon Co -operative Societies Samvat 1974 a house situate at Lashkar belonging to Gangasingh and Pratapsingh was entered.