Case Note & Summary
The dispute arose from the allotment of a residential plot by Purushottam Bagh Sahkari Awas Samiti Ltd. to Krishna Pal Singh under the U.P. Cooperative Societies Act, 1965. The society alleged that Krishna Pal Singh had submitted a false affidavit regarding property ownership, which led to arbitration proceedings declaring the sale deed null and void. After Krishna Pal Singh's death, his successors contested the arbitration award, asserting that the society failed to provide evidence of any property ownership by their father. The writ court ruled in favor of the successors, stating that the society did not substantiate its claims. The society appealed against this decision, arguing that the writ court erred in its findings. The Supreme Court upheld the writ court's decision, emphasizing the lack of evidence presented by the society to support its allegations. The court dismissed the appeal, concluding that the society's claims were not proven, and thus the sale deed remained valid.
Headnote
A) Cooperative Societies - Allotment of Land - Validity of Allotment - U.P. Cooperative Societies Act, 1965, Section 70 - The society failed to prove that the member owned any property in the area of operation, thus the sale deed could not be declared null and void. The writ court found no evidence supporting the society's claims against the member, leading to the dismissal of the appeal. Held that the society's allegations were unsubstantiated (Paras 9-17).
Issue of Consideration
Whether the writ court's decision to set aside the arbitration award declaring the sale deed null and void was justified.
Final Decision
The Supreme Court dismissed the appeals, affirming the writ court's decision that the society did not prove its allegations against Krishna Pal Singh or his successors.
Law Points
- Cooperative Societies
- Writ Jurisdiction
- Evidence
- Bye-Laws Compliance
- Arbitration Award
- Null and Void Declarations
