SHIVKISHAN Vs. SUJATA TARACHAND MAKHIJA AND ORS.

JUDGEMENT

(1.) Heard learned advocates for the respective parties.

(2.) The Respondent No. 1 filed dispute before the Co -operative Court under Sec. 91 of the Maharashtra Co -operative Societies Act, 1960 contending that she is entitled for allotment of Plot No. 2 as per option exercised by her in the meeting held on 18th December, 1988. According to the respondent No. 1, she had filled up forms "E" and "I" and had submitted the forms in the meeting of the society held on 18th December, 1988. According to the respondent No. 1, the allotment of plots of the society was as per the seniority of the members and options given by them. The respondent No. 1 claimed that though she is senior to the petitioner and she had given her option for Plot No. 2, it was allotted to the petitioner overlooking her claim. The respondent No. 1 prayed that the allotment of Plot No. 2 in favour of the petitioner be cancelled and the Plot No. 2 be allotted to the respondent No. 1.

(3.) The society opposed the claim of the respondent No. 1 by filing the written statement. According to the society, the respondent No. 1 was not the member of the society on 18th December, 1988 and she attended the meeting of the society on 18th December, 1988 as the representative of her husband. According to the society, the option was given by the respondent No. 1 for Plot No. 2 not on her behalf but on behalf of her husband. In this background, the society contended that the dispute filed by the respondent No. 1 making claim for Plot No. 2 was not maintainable. The society further contended that the application of the respondent No. 1 for membership was rejected in the meeting of the society held on 25th March, 1990 and on the same date the petitioner was accepted as the member and Plot No. 2 was allotted to the petitioner. The society prayed that the dispute filed by the respondent No. 1 be dismissed.