DERA GHAZI KHAN DISTT REFUGEES CO OPERATIVE HOUSE BUILDING SOCIETY LIMITED Vs. REGISTRAR DELHI CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) Dera Ghazi Khan District Refugees Cooperative House Building Society has filed this writ petition seeking appropriate writs and directions for quashing the order dated March 6, 1990, passed by respondent No. 2 by which he had referred the dispute raised in application moved by Smt. Ram Piari against the Society on the question of inheritance to the membership of deceased Sh. Jagan Nath Bangia to an Arbitrator under the Delhi Cooperative Societies Act, 1972 ( for short 'the Act') and also quashment of subsequent award dated June 6, 1990 made by respondent No. 3-Arbitrator holding that Smt. Ram Piari was entitled to be substituted as member of the Society in place of her deceased husband and the present applicant, namely, respondent No. 7 has stepped into the shoes of Smt. Ram Piari inasmuch as she had bequeathed her rights in favour of respondent No. 7 by a Will. The petitioner-Society has also sought quashment of the subse- quent orders dated February 28, 1991 and April 22, 1991, made by respondents 4 & 5 respectively for implementing the award given by the Arbitrator.

(2.) Facts leading to the filing of the present writ petition, in brief, are that initially the present petitioner was enrolled and got registered as a cooperative society in Faridabad(Haryana) and later on with effect from May 1, 1972, the petitioner-Society got itself enrolled under the Delhi Cooperative Societies Act at Delhi vide notification published on December 3, 1971. One of the bye-laws of the Society at that time provided that no person shall be eligible to be member of the Society if he has some land allotted to him in Faridabad or in the neighbourhood. Initially respondent No. 6 became member of the Society On October 15, 1960 but later on after he had acquired some property in Model Town, Delhi, he stated to have got transferred his membership in the name of his father Sh.Jagan Nath Bangia in the year 1971. Sh.Jagan Nath Bangia was accepted as member by the Society and Sh. Jagan Nath Bangia had nominated daughter of respondent No. 6-Smt. Sangeeta 239 as his Successor. In March 1981 Sh.Jagan Nath Bangia expired.

(3.) In May 1981 Smt. Sangeeta applied that the membership be transferred in her name. The Society having learnt about respondent No. 6 having acquired property No. R-74/1, Model Town, Delhi, even before he got his membership transferred in his father's name, did not agree to transfer the membership in favour of Smt. Sangeeta.