SEWA SAHKARI SAMITI SILODHA Vs. HARIRAM

JUDGEMENT

(1.) BEING aggrieved with the order dated 9.1.2006 passed by Joint Registrar Co -operative Society, Sagar in Revision No. 80 -16/1998, the applicants have preferred revision u/s 77 (14) of M.P. Co -operative Societies Act, 1960 (for short,'the Act')

(2.) FACTS of the case are that the father of the non -applicants', namely, late Shri Bhagirath had taken loan of Rs. 3,500/ - from Applicant No. 1 society and had mortgaged his agricultural land bearing Khasra No. 214 area 6 acres at Village Banhat, Tahsil Khurai, District Sagar. Applicant No. 1 society obtained a decree from the Court of Dy. Resigtrar in the year 1980 against Bhagirath, during his life time for recovery of aforesaid amount along with interest. The decree passed by the Court of Dy. Registrar was not challenged in any Court. During the recovery proceedings the judgment debtor Bhagirath died in year 1982. The notice of the recovery proceedings was served upon the wife of late Shri Bhagirath and mother of non -applicant She participated in the auction sale proceedings. She was remitted the amount over and above the dues of applicant No. 1 society. Due to non -payment, the mortgaged land was put to auction on 8.6.1983, which was purchased by Hariramsingh applicant No. 4 for Rs. 20,000/ -. The sale was confirmed on 14.9.1983 and sale deed was executed on 20.10.1983 in favour of applicant No. 4. Applicant No. 4 sold the land on 15.6.1984 to applicants No. 2 and 3 and executed the registered sale deed.

(3.) THE counsel for the applicants has vehemently argued that the Court of Joint Registrar could not have passed the impugned order bacause the registered sale deed was executed in favour of applicant No. 4 in auction sale and thereafter applicant No. 4 sold the same land to applicants No. 2 and 3 by registered sale deed. The Co -operative Courts have absolutely no jurisdiction to cancel the sale deed. The impugned order amounts to cancellation of sale deed.