The Harur Co-operative Primary Agricultural and Rural Development Bank Ltd. & Another v. Minor Agalya & Others
2006-11-21
S.ASHOK KUMAR
body2006
DigiLaw.ai
Judgment :- (Civil revision petition filed under Article 227 of Constitution of India praying to strike off the plaint in O.S.No. 301 of 2003, on the file of learned District Munisf, Harur, Dharmapuri District.) Defendants 5 and 6 in the suit are the revision petitioners before this Court. 2. The brief facts of the case are as follows: Plaintiffs 1 and 2 are minor children of the second defendant and plaintiffs 3 and 4 are minor children of the third defendant. Defendants 1 to 4 have borrowed a sum of Rs.7,57,500/- from the petitioner bank (fifth defendant) by mortgaging the properties dated 29.01.1997.They failed to repay the money. Therefore, act was contemplated under Section 120 of the Tamil Nadu Co-operative Societies Act (hereinafter referred to as 'the Act') to recover the money under the Revenue Recovery Act. 3. The plaintiffs who are minor children of defendants 2 and 3, have filed a suit in O.S.No.301 of 2003 before the learned District Munsif, Karur for declaration of their title to the suit properties and to grant permanent injunction against defendants 5 and 6 from attaching and selling the suit properties in R.R.A.No.989 of 2000 of the 5th defendant. They also filed an interlocutory application in I.A.No.1586 of 2003 for ad interim injunction and the same was granted. Aggrieved over the same, the petitioners have filed this civil revision petition. 4. Heard both sides. 5. Mr. M.S. Palaniswamy, learned counsel appearing for the petitioners would contend that under Section 156 of the Act there is a specific bar of the Civil Court to entertain any suit and therefore, entertaining the suit and passing of ad interim injunction order are against law. Section 156 of the Tamil Nadu Co-operative Societies Act reads as follows: " 156. Bar of jurisdiction of Civil Court: Notwithstanding anything contained in any other law for the time being in force no order of award passed, decision or actions taken or direction issued under this Act by an arbitrator, a liquidator, the Registrar or an Officer subordinate to them, shall be liable to be called in question in any Court and no injunction shall be granted by any Court in respect of anything which contained or intended to be done by or under this Act." 6.
Therefore, as per the above provisions, no civil court can entertain any suit or petition and no injunction shall be granted by any Court in respect of anything which is done or intended to be done under this Act. 7. Under Section 120 of the Act, any money due to a Primary Agricultural and Rural Development Bank or State Agricultural and Rural Development Bank may be recovered as if there were arrears of land revenue. Because defendants 1 to 4 who borrowed amount and did not repay the same, action has been taken as per Section 120 of the Act. To defeat and delay the said action, the borrowers have set up the minor children of defendants 2 and 3 to file the suit and get an order of injunction. The suit itself is not maintainable and, therefore, the order of injunction granted is also set aside. 8. For the foregoing reasons, the civil revision petition is allowed holding that the suit is not maintainable. Consequently, connected C.M.P. is closed. No costs.