SARWAN SINGH Vs. SENIOR SALES OFFICER

JUDGEMENT

(1.) This is plaintiff's appeal.

(2.) Plaintiff filed suit for permanent injunction restraining the defendants from making attachment by way of sale of residential house of the plaintiff situated in Khasra No. 23/19/2(1-19), 32/10(0-11) to the extent of 1/3rd share, ownership and in possession of the plaitniffs, situated in the area of village Bainch. H.B. No. 27, Tehsil Dasuya, as per copy of the jamabandi for the year 1989-90 with declaration that interest at the rate of 12-1/2% per annum and costs in the Award are illegal, unlawful and are liable to be set aside along with temporary injunction, restraining the defendants from attachment/sale of the above said house till the final decision of this case.

(3.) Defendants appeared and filed written statement taking preliminary objection that the suit in the present form is not maintainable and is liable to be dismissed as no notice under Section 79 of the Co-operative Societies Act has been served upon them.