BHAGWAT SARAN AND OTHERS Vs. RAM KUMAR

JUDGEMENT

(1.) These two first appeals by Sri Johri Mai (now represented by his heirs and legal representatives), are directed against the order of Civil Judge, Bareilly dated 26-7-1969 rejecting his request for executing the order dated 13-3-1967 passed by Registrar Co-operative Society. It is said Gur Grah Uddyog Sahkari Samiti Ltd. (hereinafter referred to as Sahkari Samiti Ltd.) was a Co-operative Society registered as such on 23-11-1965. One Sri Laxmi Narain, Secretary of the Society had for the purposes of Society taken certain machinery belonging to Sri Johri Mai on lease and it was agreed that a sum of Rupees 2,000.00 per annum was to be paid as rent therefor. Subsequently there was some dispute between the parties in connection with the machinery and the rent payable therefor and the Registrar Co-operative Societies acting under Rule 115 of the Rules framed under the Co-operative Societies Act referred the same to the arbitration of Sri J. P. Jain, the District Industries Officer.

(2.) In the reference whereas Sri Johri Mai Vice President of the Sahkari Samiti was cited as the plaintiff, Sri Laxmi Narain Secretary and Sri Ram Kumar President of the Sahkari Samiti were arrayed as defendants. The arbitrator vide his award dated 9-8-1966 directed that the said machinery be returned to the plaintiff Sri Johari Mai. Being aggrieved by the award Sri Laxmi Narain and Sri Ram Kumar, the two defendants went up in appeal before the Assistant Registrar Co-operative Society who held that the machinery in question belonged to the Sahkari Samiti and that it could not be handed over to any of its members. In the result, he allowed the appeal and set aside the award made by the Arbitrator.

(3.) Therefore, the plaintiff Sri Johri Mai as also the defendant Ram Kumar President of the Sahkari Samiti filed second appeals before the Dy. Registrar, Co-operative Society, who on 13-3-1967 allowed the appeals and set aside the order of the Assistant Registrar holding that the owner of the machinery was Lala Johari Mal.