RAM MARUTI Vs. REGISTAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) THE appellants, challenge the judgment and decree passed by the additional District Judge, Sirsa, dated 21. 07. 1983, accepting the appeal filed by the respondents, thereby reversing the judgment and decree passed by the Sub Judge iiird Class, Sirsa, dated 24. 09. 1981 and as a consequence dismissing the suit.

(2.) THE appellants-plaintiffs filed a suit for declaration to the effect that the order dated 26. 09. 1978 passed by the Assistant Registrar, co-operative Societies (Recovery Officer), sirsa, releasing the land sold in auction to the appellants was without jurisdiction, nonest, null and void, In addition, the appellants prayed for grant of a declaration that they have become owners of the aforementioned land on the following facts.

(3.) LAND measuring 209 kanals was attached, so as to satisfy, an award, for rs. 72,000/-, passed under the Punjab cooperative Societies Act, 1961 (as applicable to the State of Haryana) (hereinafter referred to as 'the Act' ). The land was sold by way of a public auction to the appellant (since deceased), the highest bidder on 28. 08. 1978 for a sum of Rs. 50. 000/ -. He deposited an amount of Rs. 12. 500/- on the spot. Another amount of Rs. 5,000/- was deposited on 27. 09. 1978. The Recovery Officer, however, set aside the auction before it could be confirmed, as a relative of the judgment debtor deposited Rs. 52. 500/ -.