USHA PANDURANG DHABEKAR Vs. PRAKASH GRUHA NIRMAN SAHAKARI

JUDGEMENT

(1.) Invoking Clause 15 of the Letters Patent, the appellant has taken exception to the judgment passed by the learned Single Judge on 08.10.2008 in Writ Petition No. 2429/2007, thereby confirming the judgments passed by the Courts below refusing to grant declaration of the sale deed executed by the respondent no. 1-Society in favour of the respondent no. 2 be declared as void and also refusing to direct the respondent no. 1-Society to execute sale deed in respect of Plot No. 1 in favour of the appellant.

(2.) In order to appreciate the grievance of appellant, it will be necessary to have a glance at a few introductory facts:- The appellant, who is original disputant, had filed Dispute bearing no. 612/1996 before the Co-operative Court, Nagpur under Section 91 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the said Act") seeking reliefs of declaration of sale deed executed by the respondent no. 1-Society in favour of the respondent no. 2 as null and void and without authority; direction to the respondent no. 1-Society to execute sale deed in respect of Plot No. 1, admeasuring 50 feet x 100 feet at Somalwada, Layout No. 3, Khasra No. 152/2, Nagpur in favour of the appellant; to deliver the possession of the said plot to the appellant. The appellant based his claim on four material facts viz.

(3.) The Co-operative Court, Nagpur by judgment and order dated 07.06.2003 dismissed the dispute of the appellant holding that it was barred by the provisions of the Order II, Rule 2 of the Code of Civil Procedure; by the provisions of the Limitation Act; being barred by the principle of res judicata. The Co-operative Court further held that the appellant failed to prove that Mr. Sathe, Administrator, who executed the sale deed in favour of the respondent no. 2, had no authority to execute the sale deed on 29.08.1991.