RAJENDER KUMAR SHARMA Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioners through the present petition have sought a declaration that the decision of the Registrar, respondent No. 1, conveyed vide letter dated -June 18, 1985 to Harsh Vihar Co-operative House Building Society, respondent No. 3 is final and conclusive and binding on all, and the petitioners are the duly enroled members of the respondent No. 3. They further want a declaration that Shri V. K. Mittal, respondent No. 4 (hereinafter referred to as respondent No. 4 for the sake of convenience) is not a member of the respondent No. 3 Society and all actions taken by the respondents on the assumption that respondent No. 4 is a member of the respondent No. 3 Society are null and void.

(2.) The present petition was dismissed as withdrawn qua the petitioner No. 1. Shri R. K. Sharma, vide order dated May 11, 1954 passed by this Court.

(3.) The case of the petitioner No. 2 as set up in the petition is as under; that respondent No. 3 developed a colony known as Harsh Vihar. It consisted of 221 plots of different sizes. One Shri Ram Swaroop Gupta was one of the members of the said Society. He was allotted plot No. 42 in the draw cf lots held in May, 1976. He subsequently purchased a plot of land bearing No. 11784 at Shakri Nagar in the name of his wife. Consequently the said' Ram Swaroop ceased to be a member of the. Society. However, Shri Ram Swaroop Gupta alleged that he had transferred his share in the Society in favour of respondent No. 4. Respondent No. 4, in view of the above claimed himself to be a member of the Society in place of Ram Swaroop as he had purchased his share. Respondent No. 4 obtained a collusive compromise decree in his favour vide judgement and order dated April 27. 1979 whereby he was declared to be a member of the Society.