N NAGESHWAR ROA Vs. RUTH MOSES

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India challencing the decision of the Maharashtra Co-operative Tribunal whereby it set aside the award made by the Registrar's Nominee and remitted the matter for retrial. The short facts necessary for the purpose of the case may be state as follows: The Petitioner, who was the original opponent No. 1 in the reference, is the owner of the flat consisting of three rooms and a kitchen on the ground floor of a building known as 'mirabelle' belonging to Mirabelle Co-operative Housing Society Ltd. , which (was?) the original disputant in the reference. The petitioner purchases this flat essentially for his personal residence. However, because o \f certain difficulties in his way he could not occupy the said premises and he, therefore, gave the same to respondent No. 1 as a licensee on June 9, 1962 for a period of eleven months. In November 1962 the Co-operative Society gave notice to the petitioner saving that respondent No. 1 and the members of her family were a nuisance to the occupants of the building. The petitioner, therefore, called upon respondent No. 1 to vacate the premises and deliver possession to him. It seems that since February 1963 not a pie has been paid to the petitioner towards compensation for the occupation of the premises. In the meantime, there have been litigations between these parties to which it is needless to refer. The compensation that has accumulated to this day comes to near about Rs. 11,520. In pursuance to the Society's notice, the Society made a complaimt before the Registrar regarding the conduct of respondent No. 1 and the members of her family as she was a source of nuisance and sought eviction. The Registrar after hearing respondent No. 1 referred the matter under S. 91 of the Co-operative Societies Act to his Nominee by an order dated December 17, 1965 in the following terms:

(2.) SECTION 91 of the Maharashtra Co-operative Societies Act 1960 requires that all disputes touching the business of a Society shall be referred to the Registrar. Under Section 93 after being satisfied that the matter referred to him is a dispute within the meaning of S. 91, the Registrar may decide the dispute (a) himself, or (b) refer it for disposal to a nominee, or (c) a broad of nominees, appointed by the Registrar, sub-sections (2) and (3) of section 93 are procedural sections. Sub-section (2) gives the Registrar the power to withdraw for reasons to be recorded in writing a dispute referred by him to the nominee or board of nominees and to decide it himself or to refer it for decision to any other nominee or board of nominees. Sub-section (3) gives him power to suspend the proceedings under certain circumstances with which we are not concerned. Sections 94 and 95 are procedural sections and do not concern us. Section 96 requires the Registrar or his nominee or board of nominees to make an award on the dispute, on the expenses incurred by the parties to the dispute in connection with the proceedings and the fees and expenses payable to the Registrar or his nominee or board of nominees. The section further protects the award and says that it would not being valid merely because it has been made after the expiry of the period fixed for deciding the dispute by the Registrar and shall subject to an appeal or review or revision be binding on the parties to the dispute.

(3.) THE present argument has arisen because of the Rules made by the State Government by virtue of its rule-making powers under S. 165 of the Act of 1960. Rule 76 of the Co-operative Societies Rules, 1961 empowers the Registrar by a general or special order notified in the official gazette, to appoint any person to be his nominee for deciding disputes arising in any one or more societies situated in a particular area and for such period as may be specified. Similarly, he is also entitled to appoint a board of nominees for the same purpose. In the present case, these nominees were appointed by the Registrar, under Rule 76 in the following terms: