SHANKAR Vs. URUVELLA CO OPERATIVE HOUSING SOCIETY

JUDGEMENT

(1.) THIS Appeal is directed against the Order dated 11-1-1993 passed by the Judge, Cooperative Court, Nagpur, in dispute No. 109/1982. Under the impugned order, the dispute filed by the disputant who is appellant herein against the opponents who are respondents serially in this appeal, is dismissed.

(2.) TO comprehend, brief facts of the dispute need to be narrated and they are as under :

(3.) THE respondents 1 and 2 filed their written statement raising certain denials particularly in respect of seniority of the appellant stating that he is junior to respondents 4 to 14 and the allotment of the plots has been made as per the decision of the Managing Committee and also following ihe accepted norms as prescribed under resolution of the meeting dated 28-9-1969. It is also pleaded that the appellant was informed about the demands under certificate of posting but he did not make payments in time and regularly, so he was treated as defaulter. It is also pleaded that the respondent Nos. 2 and 3 are the transferee members and the transferors were senior mambers right from 1973-74 respectively. The fact of release of adjustment plot during 1980 was brought to the notice of all the members issueing notices therefor. Allotment of plot Nos. 66 to 69 was in accordance of resolution of general body and that stay order in dispute No. 250/1981 being in respect of a particular plot has not come in way for that allotment of plot Nos. 66 to 69. The choice given by the appellant as per notice dated 14-8-1981 was considered by the General Meeting dated 13-9-1981 and since there were other senior members to him, the appellant could not get the plot allotment, as per resolution No. 3 of the meeting dated 25-2-1968 and the resolution dated 12-2-1978 seniority has been determined. The disputant had lost his seniority since he did not make payment during the period from 1964 to 1978. Plots are allotted strictly as per the norms fixed by the meeting dated 25-9-1969. Position of payments made by the appellant so also his withdrawal of the amount are admitted. Personal allegations in respect of corrupt practice. collusion, fraud in allotments to plots so also to the near relatives etc. are specifically denied.