1941 (8) TMI 21

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....e taken under the Madras Co-operative Societies Act of 1932. In terms of Section 51, Clause (1) (b) there being a dispute between the society and a member, the dispute was referred to the Registrar for decision. The Registrar referred the dispute for disposal to an arbitrator under Section 51, Clause (2) (c). The arbitrator gave his decision, which under Section 51, Clause (6) (&) is final and is not liable to be called in question in any Civil or Revenue Court. Thereafter the society itself purchased the property in execution and subsequently transferred it to the third defendant. The plaintiff's mortgage was executed after the dispute between the first and second defendants was referred to the Registrar under Section 51, Clause (1) (b....

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....9; in Section 52 of the Transfer of Property Act does not include a Registrar or an arbitrator appointed by the Registrar under the provisions of the Madras Co-operative Societies Act, 1932. The word 'Court' as mentioned in Section 52 appears to me to be comprehensive enough to include the Registrar or the arbitrator appointed by him under the Act. Reference was made to Section 57-B of the Act (VI of 1932), but that section has no application because it enacts that for certain purposes the Registrar or any person empowered by him in that behalf shall be a Civil Court for the purpose of Article 182 of the First Schedule to the Limitation Act, 1908, which provides for execution of decrees of Civil Courts. The amendment itself was rend....