CHANDER SINGH Vs. KAMALPORE CO-OPERATIVE SOCIETY

JUDGEMENT

(1.) These are two miscellaneous second appeals arising out of an execution proceeding and the points involved in them will be clear from the following brief statements of facts. One Site Singh, who is the father of appellant 1 and uncle of the other appellants, was a member of the Kamalpura Co-operative Society. This society owed money to the Central Co-operative Bank of Nawadah and, on the basis of this debt, the Assistant Registrar of the Co-operative Societies passed an award in favour of the Bank for recovering the amouut due to the Bank from the members of the Society, the extent of the liability of each member for this debt being specified in a schedule attached to the award. The award was put in execution in the certificate Court, but the certificate officer found that inasmuch as Sito Singh had died two years before the requisition for certificate was made, the claim of the Bank against that individual member of the Society was barred under Section 32, Bihar and Orissa Co-operative Societies Act. This decision was ultimately upheld by the Revenue Court. It appears that Sito Singh had executed two mortgage bonds in favour of the Kamalpura Co-operative Society on 22nd August 1928 and on 24 June 1927 respectively.

(2.) In connection with these bonds the Assistant Registrar passed mortgage awards in 1942 for the recovery of Rs. 654-4-0 and Rs. 439-9-0 respectively besides future interest against the appellants. The awards were put in execution in the Munsif's Court at Gaya and two execution cases were started against the appellants. In these two cases the appellants contended that both the mortgage awards were ultra vires and with, out jurisdiction and the liability of the estate of Sito Singh, the deceased member of the Society, had ceased two years after his death which occurred on 17-1-37.

(3.) It was contended that inasmuch as the awards were passed nearly five years after the death of Sito Singh, the claim of the society was barred by limitation and there was no dispute within the meaning of Section 48, Co-operative Societies Act, to enable the Registrar to pronounce an award. Other objections were also raised by the appellants but it is unnecessary to refer to them because they have not been pressed in this Court. The Munsif overruled the objections and his decision was upheld on appeal by the Subordinate Judge. Hence these miscellaneous second appeals. The first point to be determined is whether the Assistant Registrar had any jurisdiction to pass the mortgage awards which are under execution. The learned advocate for the appellants relies on Section 82, Co-operative Societies Act, to support the view that the Registrar's award is without jurisdiction. This Section runs as follows: The liability of a past member or of the estate of a deceased member for the debts of a registered society as they existed on the date of his ceasing to be member or of his decease, as the case may be, shall continue for a period of two years from such date.