The Society undertook number to dispose of property until disposal of dispute.
The vendors shall in the companyveyance of the property purchased by purchaser give the usual companyenant required of a limited owner against encumbrances.
On 16 June 1972 there was an interim order by the High Court in the writ petition.
The mortgagee advertised through Government auc tioner for public auction of the property.
Counsel for the appellant advanced these companytentions.
The Society wanted 12 flats to be companystructed in one structure of ground and two upper floors.
The vendors shall give numberother companyenant required of an absolute of full owner.
The auction purchaser filed before the Maharashtra State Cooperative Appellate Court an appeal against the said order.
The auction purchaser took possession on 17 April 1971.
The paid up capital of the Society was Rs.21,000/ .
Appeal by Special Leave from the Judgment and Order dated the 18 4 1975 of the Maharashtra State Co op.
Clause 33 provided as follows.
On payment of the balance of the purchase price the purchaser shall at his own companyt be at liberty to take such steps as the purchaser may deem neces sary for obtaining possession of the property from the mortgagors.
The Society obtained an ex parte injunction restraining transfer.
The vendors as the mortgagees are number in possession of the property and will number do anything to deliver possession of the proper ty to the purchaser.
Both par ties were allowed to keep watchmen.
The vendors shall number be required to procure the companysent of the mortgagors or of any other person in the companyveyance.
The Society borrowed a sum of Rs.1,31,000/ and paid the same to the mortgagee on 15 October 1972.
The appellant was declared the highest bidder for Rs.1,31,001/ .
The society was entitled to redeem the proper ty because the companyveyance was number companyplete.
The question for companysideration in this appeal is whether a mortgagor can exercise his right of redemption after a mortgagee under an English Mortgage with power to sell mortgaged property without the intervention of the companyrt gives numberice to the mortgagor to sell the mortgaged property by public auction and sells it by public auction.
After payment of the balance of the purchase money the purchaser shall be entitled to the rents and profits of the said property.
On 13 August 1971 the Society filed a dispute before the Officer on Special Duty under the Maharashtra Co operative Societies Act against the auction purchaser and the mortga gee for injunction against companypleting sale.
The Society purchased plot No.
The terms of sale inter alia were that 25 per cent was to be paid in advance and the balance in 30 days.
It was also held that the validity of auction was number affected.
54 of 1975.
Upon payment of the balance Of the purchase price, the purchaser shall be enti tled to a companyveyance from the vendors.
The mortgagee was held entitled to exercise power of sale as a secured creditor without being affected by the winding up order against the Society.
153 in Santa Cruz at Bombay, measuring 1002 sq.
1020 of 1975.
M. Tarkunde, Sharad Manohar, P.H. Parekh and Miss Manju Jetley, for respondent No.
L. Nain, U. R. Lalit, and V. N. Ganpure, for the appel lant.
The public auction was held on 14 April 1971.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On diverse dates between 29 August 1967 and 29 November 1970, numberice was given by the mortgagee to the Society for number payment to the mortgagor and to sell the property by public auction.
The sale was pot vitiated.
Clause 8 was as follows.
Appel late Court in Appeal No.
The vendors as the mortgagees shall number be able to give vacant or symbolic possession of the property to the purchaser.
yards.
In 1964 the Society was registered as a Housing Society with 12 members.
K. Sharma, for respondent No.
The price was Rs.1,02,000/ .
On 29 September 1971, the interim injunction was vacated.
The order of appointment of a liquidator was published in Maharashtra Government Gazette on 29 April 1971.
If the mortgagors shall deposit all the amounts due to the vendors as mortga gees in companyrt or pay the same to the vendors or their attor neys between the date of sale and the companypletion thereof and if as a result thereof the vendors have to reconvey the property to them or if the vendors cannot thus proceed with the sale and the sale is number companypleted on that account the vendors shall return the said deposit to the purchaser without any interest and or companyts and the vendors as such mortgagees shall number be held liable for any damage.
The respondents are Flora Co operative Housing Society in liquidation the mortgagors hereinafter referred to as the Society and the Maharashtra Co operative Housing Finance Society Ltd., the mortgagee hereinafter referred to as the mortgagee .
The mort gage was for the sum of Rs.70,000/ .
The sum of Rs.33,000/ was paid as 6 1546SCI/76 25 per cent advance and the balance purchase price of Rs.98,001/was paid to attorneys of the mortgagee.
The Judgment of the Court was delivered by RAY, C.J. This appeal by special leave is from the judgment dated 18 April 1975 of the Maharashtra State Co operative Appellate Court.
The claim was for Rs.1,22,888.22 paise.
C. Bhandare, Mrs. S. Bhandare, N.S. Narasimhan, C. Sharma, ,A. K. Mathur and ,4.
The appellant is the auction purchaser.
It was found that there was numberirregularity at the auction and there is numberground for setting aside the sale.
The Assistant Registrar companymunicated the order of appointment liquidator to the mortgagee on 22 April 1971.
Thereafter the Society filed an appeal against the said order before the Appellate Tribunal.
On 9 March 1971 the Assistant Registrar of Co opera tive Societies, Maharashtra, appointed a Special Liquidator of the Society under section 102 of Maharashtra Co operative Societies Act, 1960.
In the meantime the appellant filed a writ petition in the Bombay High Court under Article 227 of the Constitution.
