WAJEDKHAN USMANKHAN PATHAN Vs. SK NISAR SK SATTAR

JUDGEMENT

(1.) This Civil Revision Application is filed challenging the judgment and order dated 12 07 2007 passed by the Co operative Appellate Court, Aurangabad in Appeal No.147 of 2006 thereby confirming the order dated 01 07 2006 passed by the Co operative Court, Aurangabad in Dispute No. 154 of 2002.

(2.) It is the case of the applicant that he is member of Ellora Power Loom Society and had presented a Dispute bearing No. 154 of 2002 before the Co operative Court, Aurangabad against the respondents for recovery of possession of two rooms i.e. House No. 11 situated at Ellora Power loom society, Plot No.56, M.I.D.C. Chikalthana, Aurangabad. In the said Dispute, it was contended that respondent No. 2 society has allotted two rooms i.e. House No. 11 in favour of the applicant but vacant possession of the said house could not received by the applicant due to temporary arrangement made by respondent No. 2 society. It was further stated that House No. 11 which was allotted to the applicant is in possession of respondent No.1. Despite of several requests to respondent No.1, he refused to vacate the possession of House No.11. It is further case of the applicant that on 05 05 2001 the applicant requested to respondent No.1 for delivering possession but respondent No. 1 refused for the same, which gave rise for filing the Dispute under Section 91 of the Maharashtra Co operative Societies Act, 1960.

(3.) Respondent No. 1 resisted the Dispute by filing Written Statement at Exhibit 8. It was contended in the said Written Statement that the applicant had already filed one civil suit which came to be dismissed by the Civil Court. The other contentions were also raised in the said Written Statement.