CHANDRASEKHAR Vs. K V NAGENDRA

JUDGEMENT

(1.) THE present appellant is a member of the Jayanagar Housing co-operative Society registered under the provisions of the karnataka Co-operative Societies Act, 1959 (in short 'act' ). The said Society-respondent 4 has formed a layout called kadirenahalli Layout (now known as Padmanabha Nagar) for distributing sites to its members.

(2.) THE present appellant being a member of the said Society, in the month of August, 1971, made an application for allotment of a site measuring 30' x 45' to the Society with the initial deposits. Accordingly, during the year 1974 site bearing No. 464 was allotted in his favour. Subsequent thereto, as demanded by the Society, the appellant deposited the entire consideration amount being Rs. 7,200/- on 21-3-1981. But admittedly, no document for transfer of land or lease-cum-sale agreement as was required to be executed by the bye-laws of the Society was xecuted. According to the appellant, despite repeated reminders, he could not get a positive response ir respect of the above. Therefore, he addressed a letter (Ex. P-3) on 5-8-1985 to the Secretary requesting him to do the needful in the matter. In response thereof, the Secretary under his letter dated 8-8-1985 (Ex. P-3a), merely requested the appellant to see him in his office on 14-8-1985 without indicating anything further regarding the request of the appellant. Under these circumstances the appellant raised a dispute before the Joint registrar of Co-operative Societies by filing an application on 8-5-1989 under Section 70 of the Act. Subsequently, the said dispute was referred by the Joint Registrar to the respondent 3-Deputy Registrar for final disposal in accordance with law.

(3.) DURING the course of the hearings before the Deputy registrar it was disclosed by the Society that the allotment made in favour of the appellant had already been cancelled on 6-4-1983 and it has already been reallotted to Sri K. V. Nagendra-respondent 1 herein under a lease-cum-sale agreement dated 6-11-1987 (Ex. R-3 ). It was also placed on record that pursuant to the said reallotment, the first respondent was put on possession over the site on 17-12-1987 (Ex. R-4 ).