NARENDRA KUMAR MAKKAD Vs. TEKCHAND JAIN

JUDGEMENT

(1.) BY this Order both the aforesaid writ petitions are being decided as common questions of fact and law involve in both the writ petitions. The dispute is in respect of auction of lands of respondent Tekchand Jain and Arvind kumar Jain (since died, the legal representatives are Rajesh kumar Jain, Rakesh Kumar Jain and Smt. Rita Singhai), who borrowed loan from respondent Zila Sahakari Bhoomi Vikas Bank Maryadit and mortgaged their lands for the security of loan. The loan could not be repaid so the lands were auctioned on 6.1.1990. Confirmation of the sale was made on 3.3.1990. The lands were purchased by petitioner Narendra kumar Makkad and Deshraj Makkad in respective cases who happens to be son and father. The facts of W.P. No. 2645/1994 are as under :

(2.) TEKCHAND respondent no. 1 was Bhumiswami of certain land situated at village Ramsaliya, Tahsil Jawera, District Damoh, admeasuring 24.79 acres. He mortgaged these lands with respondent no.3 Zila Sahakari Bhoomi Vikas Bank and borrowed a loan of Rs. 8,450/ - on 17.3.1973. The respondent no. 1 could not pay the loan so the Bank respondent no. 3 by resolution no.7 dated 23.8.1975 decided to take action for recovery of loan by auctioning mortgaged land of respondent no. 1. The proceedings commenced and continued for a long period upto 6.1.1990 and on 6.1.1990 the land 24.79 acres auctioned for Rs. 26,000/ -. In the auction, the petitioner Narendra kumar put his bid which was finalized. No application within 30 days was filed by respondent no. 1 for setting aside auction proceedings, so on 3.3.1990 Assistant Registrar, Damoh affirmed the auction under section 21 of the M.P. Sahkari Bhoomi Vikas Adhiniyam, 1966 (hereinafter referred to as 'Bhoomi Vikas Adhiniyam' for short). On 21.5.1990 when respondent no. 1 became aware about the auction proceedings he moved an application for supply of certified copy of order of Assistant Registrar, Cooperative Societies Damoh, which was supplied to him on 22.11.1990 and on 21.12.1990 the respondent filed a revision before the Joint Registrar, Cooperative Societies, Jabalpur which was registered as revision no.1/91 and by order dated 16.6.1994, the revision petition was allowed. The facts of W.P. No. 2653/1994 are as under :

(3.) DECEASED Arvind kumar was owner of lands of village Jawera, District Damoh survey nos. 1/5,1/9, l/5(kha), 1/8,48/2, l/5(Gha) total 24.69 hectares. Respondent no. 1 mortgaged these lands for borrowing loans from Land Development Bank to purchase Diesel pump and Thrasher. For this purpose amount of Rs. 4,270A and Rs. 4,180/ - total Rs.8,450/ - was borrowed. For the security of loan the land was mortgaged with respondent no.3 and a document of mortgage was executed by respondent no. 1 on 13.3.1973. The loan was not repaid so the Sales Officer of the Bank on 6.1.1990 auctioned the land of respondent no. 1 by public auction for Rs.26,000/ - and petitioner Deshraj Makkad purchased the land in the auction. No application was filed for setting aside the sale under section 20 of Bhoomi Vikas Adhiniyam so the sale was confirmed on 3.3.1990 by the Assistant Registrar, Cooperative Societies, Damoh. Arvind kumar filed revision petition no.80 -33/90 before the Joint Registrar, Cooperative Societies challenging the aforesaid auction proceedings. Both the revision petitions were decided by separate orders by the Joint Registrar, Cooperative Societies on 16.6.1994. The allegations and grounds were common and both the revisions were allowed on following common grounds :