Case Note & Summary
The appellant, Nisha Singla, was a founder member of Adarsh Colony Cooperative House Building Society Ltd., Ludhiana, established to provide residential plots. She deposited amounts between 1975 and 1982 for a plot. The Society acquired land through a government scheme, and 281 plots became available in 1983. An Administrator, Shri C.L. Azad, allotted plots arbitrarily, leading to cancellation by the Deputy Registrar on 17.07.1984. After appeals, the cancellation was upheld. In 1992, the Society's General Body resolved to allot plots at fixed prices. The appellant accepted a 250 sq. yards plot by affidavit on 30.07.1993, reserving a right for 500 sq. yards, and deposited Rs. 25,000. She later filed a dispute under Sections 55 and 56 of the Punjab Cooperative Societies Act, 1961, claiming a 500 sq. yards plot. The Additional Registrar dismissed the claim, holding that the appellant had accepted the 250 sq. yards plot and was estopped. Appeals under Section 68 and revision under Section 69 were also dismissed. The appellant then filed a writ petition, which was dismissed on 09.12.2002. A civil appeal before the Supreme Court was dismissed on 25.01.2011 with liberty to seek review. The review petition was dismissed on 16.05.2011. The Supreme Court, in the present appeal, upheld the concurrent findings, noting that the appellant had accepted the 250 sq. yards plot, deposited earnest money, and never surrendered it. The Court held that the appellant was estopped from claiming a larger plot and that preferential right is alien to cooperative law. The appeals were dismissed.
Headnote
A) Cooperative Societies - Plot Allotment - Estoppel - Punjab Cooperative Societies Act, 1961, Sections 55, 56, 68, 69 - Appellant accepted allotment of 250 sq. yards plot and deposited earnest money; later claimed 500 sq. yards without depositing additional amount - Held that by conduct of accepting the smaller plot, appellant is estopped from claiming a larger plot (Paras 10-12). B) Cooperative Societies - Preferential Right - Punjab Cooperative Societies Act, 1961 - Appellant claimed preferential right for larger plot - Held that such preferential right is alien to the concept of cooperative societies (Para 10). C) Civil Procedure - Review - Scope - Supreme Court dismissed earlier appeal with liberty to seek review; High Court dismissed review - Held that concurrent findings of fact based on evidence cannot be re-opened in review (Paras 13, 16).
Issue of Consideration
Whether the appellant is entitled to allotment of a 500 sq. yards plot instead of the 250 sq. yards plot already accepted, and whether the concurrent findings of fact warrant interference.
Final Decision
The Supreme Court dismissed the appeals, upholding the concurrent findings of the authorities and the High Court. The Court held that the appellant, by accepting the 250 sq. yards plot and depositing earnest money, was estopped from claiming a larger plot. The Court also noted that preferential right is alien to cooperative law. No interference was warranted.
Law Points
- Estoppel by conduct
- Preferential right alien to cooperative law
- Finality of concurrent findings
- Scope of review
