BABURAO Vs. ASSISTANT REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) This appeal is without any merit whatsoever.

(2.) Plaintiffs suit for injunction based on possession was decreed by the trial Court despite the pica of the defendant Co-operative Society that it had obtained an award in a dispute raised under Section 70 of the Karnataka Co-operative Societies Act and that the plaintiffs deceased father who was the other parly lo the award had incurred a debt of over Rs. 48,000/- which was for legal necessity and that the award having become conclusive in terms of Section 101 of the Karnataka Co-operative Act, the notice issued by the Society calling upon the plaintiff lo vacate and hand-over possession of the suit schedule lands failing which steps would be initiated to lake possession in accordance with law could not have been construed as entitling the plaintiff for an injunction.

(3.) Despite such clear pleading the learned Munsiff considered lhat ihe plaintiffwas in lawful possession and the notice issued by the defendant Co-operalive Society of which the plaintiffs father a member, who had suffered an award in a dispute between the Society and himself amounted to interference with his peaceful possession and granted injunction.