Case Note & Summary
The petitioner, The Nashik Industrial Coop. Estate Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, took land on lease from the Maharashtra Industrial Development Corporation and allotted plots to its members. The predecessor-in-title of the respondents, Nandlal Nevandram Chhabriya, was a member and was allotted plot No.B10. After his death, the respondents succeeded as legal heirs. The society alleged that the respondents unauthorizedly encroached upon adjacent plot No.B9 admeasuring 2221 square meters and claimed damages. The trial court initially ruled in favor of the society, but the appellate court (Maharashtra State Cooperative Appellate Court) reversed that decision, dismissing the society's claim and allowing the respondents' appeal. The society then filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court. The High Court heard arguments from both sides and perused the record. The court noted that the society failed to produce sufficient evidence to prove that the respondents had unauthorizedly occupied plot No.B9. The appellate court's finding was based on appreciation of evidence and was not perverse. Consequently, the High Court dismissed the writ petition, upholding the appellate order. The court did not interfere with the findings of fact, as the society had not made out a case for interference under Article 227.
Headnote
A) Cooperative Law - Encroachment - Burden of Proof - Maharashtra Cooperative Societies Act, 1960 - The petitioner-Society alleged that the respondents unauthorizedly occupied adjacent plot No.B9. The appellate court reversed the trial court's finding, holding that the Society failed to prove encroachment. The High Court upheld the appellate decision, noting that the Society did not produce sufficient evidence to establish unauthorized possession. (Paras 1-4) B) Cooperative Law - Damages - Unauthorized Occupation - Maharashtra Cooperative Societies Act, 1960 - The Society claimed damages for alleged unauthorized use of plot No.B9. The appellate court dismissed the claim, and the High Court affirmed, as the Society failed to prove the fact of encroachment. (Paras 1-4)
Issue of Consideration
Whether the petitioner-Society proved that the respondents unauthorizedly encroached upon plot No.B9 and whether the Society is entitled to damages for such alleged encroachment.
Final Decision
The High Court dismissed the writ petition, upholding the appellate order dated 29th September 1993 passed by the Incharge President of Maharashtra State Cooperative Appellate Court, Mumbai.
Law Points
- Burden of proof
- Cooperative society jurisdiction
- Damages for unauthorized occupation
- Appellate court's findings of fact
