Malik, C.J. - (1.) This appeal was referred to a Full Beech by a Division Bench of this Court on 11th April 1945. When the case came up before a Full Bench of this Court on 17th April 1946, two issues were remitted to the lower Court for findings. They were as follows : "(1) What were the terms of the requisition sent by the Registrar Co-operative Societies to the Collector under Section 42 (4A), Co-operative Societies Act, and on what date was it received by the Collector ? and (2) What were the steps taken or processes enforced by the Collector upon the receipt of the said requisition up to the date of the institution of the suit?" The learned District Judge of Agra has recorded the findings on the two issues and has sent up the papers to this Court.
(2.) The facts of the case are that money was due to Ramnagar Co-operative Society from Phool Chand, defendant 2. The Society went into liquidation and the Registrar of the Cooperative Societies gent a requisition to the Collector on 30th March 1937, to realise a sum of Rs. 639/13 due from Phool Chand. In this requisition, it was mentioned that the property, from which the money could be recovered, was situate in village Ram Nagar, Tehsil Etmadpur, District Agra, and was "one cart, two bullocks and cultivation". The sum of Rs. 639-13-0 included the money due from Phool Chand, as well as his share of the costs of liquidation. Under Section 42 (4A), Co-operative Societies Act (No. XI [11] of 1912) as amended by Act III [3] of 1919, it is provided that: "Any sum ordered under this section to be recovered as a contribution to the assists of the Society or as costs of liquidation may be recovered, on a requisition being made in this behalf to the Collector by the Registrar of Co-operative Societies, in the same manner as arrears of land revenue." It is admitted that the amount due from Phool Chand could be recovered from him as arrears of land revenue.
(3.) We have no information what happened to the two bullocks, the cart and the cultivation mentioned in the requisition, but we know that the Collector issued a process against a house no. 210, situated in the abadi of mouza Ramnagar Khandauli, Pergana Etmadpur, District Agra. The plaintiff thereupon filed the suit, out of which this appeal has arisen, on 13th September 1941 for the following relief: "(a) It be declared that the house detailed below at the foot of the plaint is not liable to sale by the defendant in the course of recovery of his dues from defendant 2 and the house belongs to the plaintiff." During the pendency of the suit, the house in question was sold on some date in July 1942. We are not, however, concerned with this sale as it was held during the pendency of the suit.;