ANJALIBEN NIKHILCHANDRA MEHTA Vs. PRABHAKAR BAPURAO FANSALKAR

JUDGEMENT

(1.) A co-operative housing society, now known as Prabhat Colony Co-operative Housing Society, situated at Vaghodia Road, Vadodara, was promoted by one Shri Jaywantrao Ramchandra Chauhan. One Shri Prabhakar Bapurao Fansalkar joined the said society by entering into an agreement on 25-8-1966 with the said society. The said society was represented in the agreement by its promoter Shri Chauhan. That agreement provided that as and when the housing colony is developed, this Shri Fansalkar will be put in possession of plot No. 2 in a category that was described as "B" type. The construction of the housing complex was to be done by the society. The cost of the constructed plot was estimated at Rs. 12,551/-out of which 40% was to be paid at the time of signing of the agreement. That 40% amount was worked out at Rs. 5,272.00 which was paid by Shri Fansalkar at the time of signing of the agreement.

(2.) It appears that subsequently there were controversies amongst the members of the society with respect to the escalation of the cost etc. The above referred Shri Fansalkar was removed from his membership for alleged breaches on his part by invoking Sec. 36 of the Gujarat Co-operative Societies Act, 1961. That action of the society was disapproved by the District Registrar of the Co-operative Societies on 1/01/1982. On 2nd February 1982 said Shri Fansalkar offered to pay the entire amount that was claimed by the society. That letter was addressed to the Registrar of the Co-operative Societies with a copy to the society. The society, however, declined to receive that amount by its letter dated 22-4-1982 and preferred an appeal. The appeal filed by the society against the decision of the District Registrar was dismissed on 2/11/1983. In the meanwhile, said Shri Fansalkar came to know that the plot which was supposed to be allotted to him was sub-divided by the society into two parts and was allotted to one Shri Nikhilchandra Mehta and one Shri Dinkarrao Ahirrao. He, therefore, raised a dispute bearing Arbitration Case No. 411 of 1984 in the Court of Board of Nominees under the provisions of the above Act. That dispute was filed on 28-3-1984. The society was joined as respondent No. 1, the above referred Jaywantrao Chauhan was joined as respondent No. 2, the person from whom the land of the society was purchased, namely, one Pratapbhai Solanki, was joined as respondent No. 3, and Nikhilchandra Mehta and Dinkarrao Ahirrao were joined as respondent Nos. 4 and 5 respectively. The principal prayers in the said dispute when translated into English read as follows :-

(3.) Subsequently, the pleadings were completed, evidence was led and the Board of Nominees decided the dispute in favour of the disputant and by his judgment and order dated 21-7-1994 the learned Nominee granted the declaration as sought for. He also directed the respondent Nos, 4 and 5 to hand over the peaceful possession of the two sub-plots along with the construction thereof to the disputant. In Para 3 of his order, the learned Nominee also directed the disputant to pay an amount of Rs. 12,551 on various counts (plus Rs. 3,000.00) to the first respondent-society within a period of 30 days thereof. This was towards the amount claimed by the society as referred earlier in paragraph No. 2 above. It appears that the above referred Shri Mehta died on 14-12-1980 and hence when the dispute was raised initially itself he was joined as respondent No. 4 through his widow Smt. Anjaliben. The above referred Shri Dinakarrao Ahirrao died during the pendency of the trial on 12-9- 1989 and hence his wife Smt. Indiraben was brought on record during the trial.