JOHAN LAL Vs. CHOBE LAL

JUDGEMENT

(1.) The moot point for decision on merits in this matter, we have no doubt, is concluded by a Bench decision of this Court in the case of Kanhaiyalal v. Board of Revenue, 1977 RN 126. However, it is necessary for us to deal shortly with the three contentions which petitioner's counsel Shri R.D. Jain has forcefully pressed for our consideration.

(2.) Facts of the case lie within a short compass and may be immediately stated. Chobe Lal, first respondent, is a son of Ramdhan. The case of the petitioner is that Ramdhan took a loan from Gramin Sahkari Samiti, Tumgaon, Tahsil Mahasamund, District Raipur, and that for his default in repayment of the loan, a "decree" was passed against him albeit, in accordance with the provisions of the Madhya Pradesh Co-operative -Societies Act, for short, the 'Act'. In execution of that "decree", lands measuring 17.98 acres owned by said Ramdhan were put to 'auction sale and on 8-1-1979, petitioner's bid for Rs. 21,600/- in regard to that was accepted. By the impugned order, passed by the Board of Revenue on 1-8-1986, that sale has been declared nullity on the basis of the Division Bench decision of this Court rendered in Kanhaiyalal's case, (AIR 1977 Madh Pra 94) (supra). This Court has held that the provision of Rule 66(2) of the Madhya Pradesh Co-operative Societies Rules, 1962, for short, the 'Rules', was mandatory and that when an auction-purchaser fails to deposit the amount required for general stamps for sale certificate within the time prescribed in clause (j) of Rule 66(2), the sale becomes a nullity. To make things more clear, we propose to extract below the relevant statutory provision, to dispose one aspect of Shri Jain's contention on merits :

(3.) On facts, the finding of the Board of Revenue which is not disputed is that