S. B. Sinha, J. - (1.) The District Land Development Bank (hereinafter referred to as the Bank) situated at Tikamgarh in the State of Madhya Pradesh is a Co-operative Society registered under the Madhya Pradesh Co-operative Societies Act, 1960 (the 1960 Act, for short). Its functions are regulated by M.P. Sahkari Bhoomi Vikas Bank Adhiniyam, 1966 (the 1966 Act, for short). The appellant herein was an agriculturist. He obtained a sum of Rs.6,473.69p. by way of loan from the said Co-operative Society on three different occasions. The break-up of the amount of loan taken by him for three different purposes is as under :(i) A sum of Rs.1,300/- was taken on 5.5.71; and (ii) Rs.1,200/- was taken on 5.5.71 for the purpose of purchase of a pumping set; and (iii) A sum of Rs.3,973.69p. was taken on 25.8.71 for the purpose of construction of well.
(2.) By way of security of loan so taken, he had mortgaged with the Bank his agricultural holdings comprising in Khasra Nos. 430, 431, 432, 435, 437, 439, 441, 442, 443, 444, 446 and 447 measuring 10.59 acres. Allegedly, he failed to repay the said amount of loan. Recovery proceedings were, therefore, initiated against him by the Bank. On the date when the loan was taken, the appellant was a minor. The lands mortgaged to the Bank were sold. A sale certificate was issued in the name of auction purchaser Smt. Chandrakanta Devi. An appeal preferred by him thereagainst before the Joint Registrar, Co-operative Societies, Bhopal, was dismissed by an order dated 30.5.1986. A second appeal before the Board of Revenue, however, succeeded. The Sales Officer, District Land Development Bank filed a writ petition before the High Court aggrieved by and dissatisfied therewith which, by reason of the impugned judgment, has been allowed.
(3.) The contentions of the appellant, which found favour with the Board of Revenue, are as under :-. a) No notice of auction was served upon the him; b) The statutory requirements of Section 18(2)(b) of the Land Development Bank Act and Rule 15(d) of the Rules framed thereunder, known as M.P. Sahakari Bhoomi Vikas Bank Rules, 1967 (the Rules, for short) were not complied with. c) The service of the proclamation report was not certified by the person who effected the service. d) He was a minor. ;