NAVAJEEVAN CO OPERATIVE HOUSING SOCIETY Vs. GIRISH EDUCATION

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution presented by the Navajeevan Co-operative Housing Society, which has its registered Office at Jaypnagar in Hubli-Dharwad Corporation limits. It has suffered an award passed under Section 70 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as the Act) as at Annexure-E to the petition. The award is dated 24-10-1983. An appeal preferred against that award before the Karnataka Appellate Tribunal, Bangalore (hereinafter referred to as the Tribunal) in Appeal No. 506/ 1983 was dismissed sustaining the award on 16th August, 1984. Therefore, the present writ petition with the prayer to quash the award ot the Arbitrator as at Annexure-E as well as the judgment of the Tribunal as at Annexure-F inter alia on the ground :

(2.) The facts leading to this writ petition may be stated in order to appreciate the contentions raised and these facts are not in dispute.

(3.) Respondent No. 1-Education Society, through its President, made on application to admit it as a member of the petitioner-Co-operative Society which was originally an agricultural Co-operative Society but was later converted into a non-agricultural Co-operative Society. It paid a sum of Rs. 251/- towards admission fee and share-amount through cheque drawn on Vijaya Bank on 4-5-1970. The first respondent-Socibtyalleged before the Arbitrator that a resolution was passed by the petitioner-Co-operative Society on 4-5-1970 to sell certain plot of land of about 21 guntas (little over half acre) at the rate of Rs. 1,000/- per gunta in accordance with the fixation of the price by a Sub-Committee of the petitioner Co-operative Society. Therefore, the first respondent-Society paid the sale consideration in the sum of Rs. 29,651/- to the defendant-Society. Despite repeated requests, no action was taken by the petitioner-Co-operative Society to convey the property to the First defendant-Society. But, however, on 22-9-1979, the petitioner Co operative Society sent a letter stating that the first respondent-Society is not at all a member of the Co-operative Society and therefore directed the first defendant-Society to take back its money. It was in that circumstance that the first defendant-Society raised a dispute in regard to its membership as well as its right to have the property conveyed in its favour having paid consideration towards purchase of the same from the petitioner Co-operative Society.