ARUN WAMANRAO SHINDE Vs. PRAKASH BHAGWAN DALVI

JUDGEMENT

(1.) THE short question arising in this appeal is the correctness or otherwise of the trial Courts finding on a preliminary issue about its not having jurisdiction to entertain the suit pursuant to section 91 (1) (b) of the Maharashtra Co-operative Societies Act, 1960.

(2.) APPELLANT/plaintiffs case was that defendant 2 was a Co-operative Housing Society with defendants 3 to 5 being its office bearers. Prior to the formation of defendant 2, certain persons had joined hands to promote the said society and enrol members. One of the persons enrolled was defendant 1. The 1st defendant made certain payments towards the cost of a flat etc. His financial position becoming difficult, he assigned his right, title and interest on or about 3 December, 1982 to the plaintiff. Physical custody of the receipts showing the payments made by defendant 1 coupled with a letter of resignation were made over to the plaintiff. On the basis of these documents, the plaintiff started making payment to the society and attending its meetings. Subsequently, the 1st defendant tried to take advantage of the fact that his name was still on the membership roll. Therefore, plaintiff was compelled to sue, the relief being a declaration that he was entitled for allotment of a flat by defendant 2 in place of defendant 1. Exception was taken to the jurisdiction of the Civil Court to entertain this suit, it being defendant 1s contention that the suit raised a dispute which fell clearly within the four corners of section 91 (1) of the aforementioned Act. This contention having been sustained by the trail Court, plaintiff has come up in appeal.

(3.) SECTION 91 (1) of the Act to the extent relevant reads as under :--