LAWS(P&H)-1988-7-10

BHUPINDER SINGH Vs. PRIMARY LAND MORTGAGE BANK

Decided On July 18, 1988
BHUPINDER SINGH Appellant
V/S
PRIMARY LAND MORTGAGE BANK, HOSHIARPUR Respondents

JUDGEMENT

(1.) Plaintiff-appellant Bhupinder Singh owed Rs. 9,233.51 to defendant-respondent No. 1 for which his land was put to auction on December 12,1979. Plaintiff-appellant deposited the outstanding amount and the other charges with defendent-respondent No. 1 on December 29 1979 The request made to the Board of Directors of the Punjab Co-operative Land Mortgage Bank, Hoshiarpur, Assistant Registrar, Co-operative Societies Hoshiarpur and the Registrar, Co-operative Societies at Chandigarh, for release of the land from attachment and sale proceedings, for recovery of outstanding loan after deposit, were rejected by the authorities on flimsy technical grounds. Registrar, Co-operative Societies, Chandigarh, made the final order of rejection on August 10, 1982.

(2.) Plaintiff-appellant filed Civil Suit No. 218 on November 18, 1982 for a declaration that the sale was illegal and for consequential relief of recovery of possession of the land sold. It was dismissed by the learned Trial Court on November 7, 1984. Civil Appeal No. 95 filed on December 14, 1984 against the decision of the learned Trial Court was also dismissed by the learned Additional District Judge, Hoshiarpur, on January 22, 1986 on point of jurisdiction. Hence Regular Second Appeal No. 1117 of 1986 in this Court.

(3.) I have heard Shri Vinod Sharma, Advocate, learned counsel for the plaintiff-appellant and have carefully gone through the records of the learned Courts below. None, however, appeared for the respondents.