MANSA CENTRAL CO. Vs. KARTAR SINGH

JUDGEMENT

(1.) Defendant-appellant-auction-purchaser is in the regular second appeal against the concurrent findings of fact arrived at by both the courts below.

(2.) Plaintiff-Kartar Singh, who has since died had defaulted in repayment of the loan which resulted in arbitration proceedings under the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as 'the Act of 1961'), wherein awards were passed against the plaintiff dtd. 31/12/1972, 16/4/1973 and 31/12/1972 for little more than Rs.60,000.00. Pursuant to the aforesaid awards, agricultural land measuring 48 kanals and 12 1/2 marlas was sold in auction held on 8/4/1988. Plaintiff-respondent filed this suit challenging the arbitration awards as well as auction proceedings.

(3.) Defendants contested the suit and pleaded that since the plaintiff-respondent failed to pay the amount, therefore land has been auctioned.