JYOTIBA YELLAPPA JADHAV Vs. HUBLI CO-OPERATIVE COTTON SALE SOCIETY LIMITED

JUDGEMENT

(1.) Jyotiba Yellappa Jadhav, Shivaji Yellappa Jadhav, Pundalik yellappa Jadav and Ramachandrayellappa Jadhav are brothers. Shivaji and Ramachandra are also conducting a business under the name and style of 'r. Y. Jadhav and Co. ' at Hubli. The said two brothers are members of two Co-operative Societies - The Hubli Co-operative Cotton Sales society Ltd. , Hubli and Kundgol Taluk Agncultural Produce Co-operative marketing Society Ltd. , Kundgol. In respect of their transactions with the said societies they became indebted in large sums and the societies obtained against them awards for payment of those sums. When the awards remained unsatisfied, the societies put them into execution and brought certain properties to sale through a Sale Officer functioning under the Co-operative Societies Act. Attachments had however, been effected before the awards were made. When the properties were sought to be sold, two of the brothers, Jyotiba and Pundalik put up claims to the effect that the properties sought to be sold did not belong to the judgment-debtors alone but were the join! family properties of all the four brothers and that therefore, they cannot be sold or the entire interest therein cannot be sold for satisfaction of the awards. They lost the claim before the Sale officer.

(2.) In these two writ petitions relating to the awards secured by the two Co-operative Societies mentioned above, two points are raised namely, (i) that permission to engage Advocates was wrongly refused by the Sale officer and (ii) that the adjudication of the claim under Rule 41 of the mysore Co-operative Societies Rules made under the Act was without jurisdiction.

(3.) The second contention which is more important of the two may be taken up for consideration first.