Case Note & Summary
The petitioner, Vishwabharti Gruha Nirman Sahakari Sanstha Limited, a cooperative housing society, challenged the judgments and orders of the Cooperative Court and the Cooperative Appellate Court. The Cooperative Court, in Dispute Case No. 476/1990 under Section 91 of the Maharashtra Cooperative Societies Act, directed the Society to execute a transfer deed in respect of Plot No.14 from its layout in Khasra No. 45/4 of Mouza Manewada in favour of the respondent disputant, Vinayak Shankarrao Parkhe, and to deliver possession upon payment of the requisite amount on par with other members. The Society's appeal under Section 97 of the Act was dismissed by the Cooperative Appellate Court at Bombay, Bench at Nagpur, on 30.09.2005. The Society then filed the present writ petition. The respondent, a permanent resident of Madhya Pradesh, was not on the membership list according to the Society, but the courts below relied on documents marked as Article A (membership list) and Article B (allotment letter dated 16.01.1984). The High Court, after hearing the petitioner's counsel, found no perversity in the concurrent findings of fact and dismissed the petition with no order as to costs.
Headnote
A) Cooperative Law - Dispute under Section 91 - Membership and Allotment - The Cooperative Court directed the Society to execute a transfer deed and deliver possession of Plot No.14 to the disputant upon payment of requisite amount on par with other members - The Appellate Court confirmed the order - The High Court dismissed the writ petition, finding no perversity in the concurrent findings of fact (Paras 1-3).
Issue of Consideration
Whether the Cooperative Court and Appellate Court correctly directed the petitioner Society to execute a transfer deed and deliver possession of Plot No.14 to the respondent disputant.
Final Decision
The High Court dismissed the writ petition with no order as to costs, upholding the concurrent findings of the courts below.
Law Points
- Cooperative Court jurisdiction under Section 91
- Appeal under Section 97
- Membership rights
- Allotment of plot
- Execution of sale deed
Case Details
2015 LawText (BOM) (01) 124
Writ Petition No. 203/2006
Shri D.V. Siras for Petitioner; None for respondent
Vishwabharti Gruha Nirman Sahakari Sanstha Limited
Shri Vinayak Shankarrao Parkhe
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Nature of Litigation
Writ petition challenging concurrent judgments of Cooperative Court and Appellate Court directing the petitioner Society to execute transfer deed and deliver possession of a plot.
Remedy Sought
Petitioner Society sought to quash the judgments and orders of the Cooperative Court and Appellate Court.
Filing Reason
The Society was aggrieved by the direction to transfer Plot No.14 to the respondent disputant, claiming the respondent was not a member and the documents relied upon were not proved.
Previous Decisions
Cooperative Court in Dispute Case No. 476/1990 directed transfer and possession; Appellate Court in Appeal No. 88/1994 dismissed the Society's appeal on 30.09.2005.
Issues
Whether the Cooperative Court and Appellate Court erred in directing the Society to execute a transfer deed and deliver possession of Plot No.14 to the respondent.
Submissions/Arguments
Petitioner argued that the respondent is a permanent resident of Madhya Pradesh, not a member of the Society, and the documents (Article A and Article B) were not proved.
Ratio Decidendi
The High Court found no perversity in the concurrent findings of fact by the Cooperative Court and Appellate Court, and therefore declined to interfere under writ jurisdiction.
Judgment Excerpts
The decree has been passed by the Cooperative Court, Nagpur directing the allotment of Plot No.14 to the respondent-disputant and to execute the sale deed in his favour.
The Appellate Court has maintained the judgment and decree passed by the Cooperative Court.
Procedural History
Dispute Case No. 476/1990 filed under Section 91 of the Maharashtra Cooperative Societies Act; Cooperative Court passed judgment on 11.07.1994; Society filed Appeal No. 88/1994 under Section 97; Appellate Court dismissed appeal on 30.09.2005; Society filed Writ Petition No. 203/2006 in High Court.
Acts & Sections
- Maharashtra Cooperative Societies Act, 1960: Section 91, Section 97
