KARIMNAGAR DIST CO OP CENTRAL BANK LIMITED Vs. MOGILI BAKKA VEERAIAH

JUDGEMENT

(1.) The 1st defendant, Karimnagar District Co-operative Central Bank Limited, is the petitioner. The 2nd defendant Thota Veeraiah, is a member of the Co-operative Society, Ramadugu. He was in arrears of Rs. 810.00 to that Society. The Sale Officer of the 1st defendants Bank attached the standing crops on his lands, for the arrears. It is the case of the plaintiffs that the 2nd defendant is only having 1/4th share in the lands. They filed a Claim Petition under Rule 52 of the A. P. Co-operative Societies Rules 1964, for release of the attached paddy before the Sale Officer. Later on they were informed on 7/10/1976 that the petition was dismissed on 9th Oct., 1975. Subsequently, they filed a suit on or about 17/12/1976 in the Court of the District Munsif, Karimnagar against the Karimnagar District Co-operative Central Bank (1st defendant) and Thota Venkaiah (2nd defendant) to recover Rs. 350.00 from the 1st defendant (Co-operative Central Bank, Karimnagar) and to pay Rs. 300.00 to the 1st plaintiff and Rs. 50.00 to the 2nd defendant towards their share of the produce from the lands.

(2.) An Interlocutory Application was filed by the 1st defendant-Bank stating that the suit was not maintainable, since, notice was not given to it under Section 126 of the Andhra Pradesh Co-operative Societies Act, 1964 (hereinafter referred to as the Act) before filing the suit. The learned District Munsif dismissed that petition relying upon a Division Bench decision of this Court in Hussain Ali Mirza v. State of Andhra Pradesh, (AIR 1963 Andh Pra 164). Questioning that order the 1st defendant (Bank) has filed this revision.

(3.) It is submitted by the learned counsel for the petitioner that Hussain Ali Mirza v. State of Andh. Pradesh (AIR 1963 Andh Pra 164) is no longer good law, in view of the decision of the Supreme Court in Sawai Singhai v. Union of India, (AIR 1966 SC 1068).