KANTIBHAI PUNJABHAI PARMAR Vs. BOARD OF NOMINEES

JUDGEMENT

(1.) The petitioner by way of this petition has challenged the order dated 31.1.1996 passed by the respondent no. 1 in purported exercise of power under section 96 of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as "the Act"), declaring the respondent no. 4 to be entitled for tenament no. 27 in the respondent no. 3 society and awarding mesne profit to respondent no. 4.

(2.) As per the case put forward by the petitioner, respondent no. 3 is a registered Society under the Act. The petitioner being a member of the society was allotted a tenament no. 27 in the year 1981. The respondent no. 3 handed over the possession of the said tenament to the petitioner on 31.12.1985, and since then, he was in possession of the same. The petitioner put up doors and windows and also raised compound wall and made arrangements for drainage and electricity etc. The petitioner spent approximately Rs. 75,000/- for such alterations and regularly paid loan to the Gujarat State Cooperative Housing Finance Corporation Ltd. from whom the respondent no. 3 had obtained the loan.

(3.) Respondent no. 4 i.e. original allottee filed a Lavad Suit No. 587/1986 in the Court of Board of Nominees at Ahmedabad seeking declaration to be ownership of the tenament allotted to him. This suit came to be decided in favour of respondent no. 4. Against this decision, the present petitioner approached the Cooperative Tribunal, however, his appeal came to be dismissed on 13.7.2001. Aggrieved from this decision, the petitioner has preferred the present petition, which is pending for disposal.