JUDGMENT T.S. Krishnamoorthy Iyer, J. 1. The Deputy Registrar of Co-operative Societies, Kottayam passed an award under section 60 of the Travancore-Cochin Co-operative Societies Act, 1951 (Act X of 1950) in favour of the Kottayam Co-operative Bank No. 421 on 5th June 1965 for the realisation of Rs. 41,000 from the first respondent in the appeal the Swaraj Motors Employees Co-operative Society No. 3021 represented by its Secretary. 2. The Kottayam Co-operative Bank No. 421 assigned its rights under the award to the appallant on 20th May 1967 who filed E.P. 340 of 1967 in the Sub Court, Kottayam for the execution of the award. The learned Judge held that in view of section 63 (a) of the Travancore-Cochin Cooperative Societies Act, 1951 read with rule XXXI (10) of the rules framed under the said Act the execution petition before the Sub Court, Kottayam is not maintainable and dismissed the same on 29th February 1968. The correctness of that order is challenged in the appeal. 3. Subsequent to the filing of the appeal the Kerala Co-operative Societies Act, 1969 (Act 21 of 1969) was passed and it came into force on 15th May 1969. Section 118 of he said Act has repealed the Travancore-Cochin Co-operative Societies Act, 1951. 4. Section 63 of the Travancore-Cochin Co-operative societies Act, 1951 reads: "Every order passed by a liquidator under section 55 or by the Registrar under sub-section (1) of section 58 or by the Registrar or his nominee or arbitrators on disputes referred to him or them under clause (f) of section 55 or under section 60, every order passed in appeal under section 50 and every order passed under section 69 shall, not carried out; (a) on a certificate signed by the Registrar or a liquidator, the deemed to be a decree of a civil court and shall be executed in the time manner as a decree of such court; or (b) be executed according to the law and under the rules for the time being in force for the recovery of arrears of land revenue, provided that any application for the recovery in such manner of any such sum shall be made to the Collector and shall be accompanied by certificate signed by the Registrar or by any of his assistants to whom the said power has been delegated by the Registrar." 5. Rule XXXI, sub-rule (10) reads as follows: "The Registrar or Deputy Registrar empowered in this behalf to whom an application for enforcing a decision or award has been made may, for reasons to be recorded in writing, send such decision or award to a civil court of competent jurisdiction for execution and that court shall execute the same as if it were a final decree of that court." 6. The learned Judge took the view that section 63 (a) of the Travancore-Cochin Co-operative Societies Act read with the rule extracted above will not enable the holder of an award to file an execution petition directly in the court. According to the learned Judge, the execution court has no power to entertain the execution petition unless it is transferred to that court by an authority competent to do so under the Act. The learned Judge relied on sections 33 to 37 of the Civil Procedure Code to support his view. The learned Judge held that though section 63 (a) of the Travancore-Cochin Co-operative Societies Act enables the court to treat the award as a decree of a civil court it does not mean that a civil court is the court to which the execution petition can be filed. We are unable to appreciate the reasoning of the learned Judge. 7. Rule XXXI (10) on which the learned Judge has relied on does not apply to the case before us. It only enables the Registrar or the Deputy Registrar before whom an application is made for enforcement of the award to send the same to an execution court to take action. Under rule XXXI (10) no certificate under section 63 (a) is necessary. 8. On the other hand, a certificate under section 63 (a) signed by the Registrar is intended in cases where the holder of the award does not seek to enforce the same by filing an application before the Registrar or the Deputy Registrar. The deeming provision contained in section 63 (a) of the Travancore-Cochin Co-operative Societies Act, 1951 goes to the extent of enabling the award-holder to file an execution petition to enforce the same in the court which is competent to pass a decree in respect of the matters covered by the award. The deeming provision contained in section 63 (a) of the Travancore-Cochin Co-operative Societies Act, 1951 goes to the extent of enabling the award-holder to file an execution petition to enforce the same in the court which is competent to pass a decree in respect of the matters covered by the award. We do not find any reason to restrict the operation of the fiction embodied in section 63 of the Travancore-Cochin Co-operative Societies Act, in the way in which the court below has done. Further section 110 (2) of the Kerala Co-operative Societies Act, 1969 (Act 21 of 1969) reads: "Notwithstanding the repeal of the Madras Co-operative Societies Act, 1932 and the Travancore-Cochin Co-operative Societies Act, 1951 and without prejudice to the provisions of sections 4 and 23 of the Interpretation and General Clauses Act, 1125 (VII of 1125),” (i) all appointments, rules and orders made, notifications and notice issued, and suits and other proceedings instituted, under any of the Acts hereby repealed shall, so far as may be, be deemed to have been respectively made, issued and instituted under this Act; (ii) any society existing in the State on the date of the commencement of this Act which has been registered or deemed to be registered under any of the aforesaid repealed Acts shall be deemed to be registered under this Act; and the bye-laws of such society shall, so far as they are not inconsistent with the provisions of this Act, continue in force until altered or rescinded." 9. Section 76 of the Kerala Co-operative Societies Act, 1969 deals with the execution of orders, etc. It reads: "Every order made under sub-section (2) of section 68 or under section 75, every decision or award made under section 70, every order made by the liquidater under section 73 and every order made by the Tribunal under section 82, section 84, section 85, or section 86 and every order made under section 83 shall, if not carried out,” (a) on a certificate signed by the Registrar or any person authorised by him in this behalf, be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court;" 10. Rule 72 (i) of the Co-operative Societies Rules framed under the 1969 Act deals with the issue of certificate under section 76. Rule 72 (i) of the Co-operative Societies Rules framed under the 1969 Act deals with the issue of certificate under section 76. It reads : "The holder of any decision, award or order referred to in section 76 of the Act shall, if the said decision, award or order is not carried out apply to the Registrar for the execution thereof under clause (c) of section 76 or for a certificate to be issued under clause (a) or (b) of the said section:" 11. According to the above rule the certificate will be in Form No. 12 and the last paragraph of Form No. 12 is: "The certificate is issued to Sri Society Ltd., No.... for the purpose of applying for execution of the said decision/award/order through the Civil Court/the Collector." 12. The certificate is issued under the seal, and signature of the Registrar. Whatever doubt that can be under the Travancore-Cochin Act and its Rules is now clarified by the Kerala Act and the Rules framed there under. Even if the execution petition filed under the Travancore-Cochin Act is not maintainable, in view of section 110 (2) or the Kerala Act that petition can be treated as an execution petition under the new Act. We are satisfied that the execution petition filed is maintainable. We, therefore, set aside the order of the court below and allow the appeal and remand the execution petition to the court below for disposal on the merits.