SHRIRAM NATHUJI Vs. CO-OPERATIVE SOCIETY NO. 55

JUDGEMENT

(1.) THIS second appeal arises out of execution proceedings instituted by respondent l for enforcing an award passed in their favour by the Deputy Registrar, Co-operative Societies, C.P. and Berar.

(2.) THE award is dated 2nd August 1932. Thereunder the property mortgaged with respondent 1 was ordered to be sold first and in case the sale proceeds were insufficient to satisfy the amount due under the award, together with interest thereon, the mortgagors were made personally liable. The award further provides that if the deficiency was not realised from the mortgagors, then it was to be realised from the sureties. The appellant is the son of one of the two sureties.

(3.) A number of objections were taken by the appellant in his objection petition dated 18th March 1944. Out of these the following are pressed before me: (i) That the award is not binding upon the appellant under the Hindu law. (ii) That the mortgaged property was purchased by Mt. Triveni benami for the mortgagors and therefore that property is still available to respondent 1 and till it is sold the appellant cannot be proceeded against, (iii) That the award is illegal as it is in the form of a final decree, (iv) That the surety-ship of the appellant would extend only to the amount stated in the award and not to the amount due in respect of interest, (v) That interest has mounted up on amount of the delay in execution made by respondent 1 and so the appellant is not liable to pay it. In addition to these grounds, it is urged that as the award was not signed by the Registrar, it is not a valid award.