V PEDDA SUBBA RAJU Vs. CO OPERATIVE TRIBUNAL

JUDGEMENT

(1.) The petitioner challenges the order dated 18-10-1997 passed by the Co- operative Tribunal, Hyderabad, in CTA No.129 of 1996. The facts, that gave rise to the filing of this writ petition, may briefly be stated as under:

(2.) The 4th respondent filed A.R.C.No.3 of 1991 before the Co-operative Sub-Registrar-cum-Arbitrator, the 2nd respondent, against the 3rd respondent-Cooperative Housing Society (for short 'the Society') and the writ petitioner, in relation to allotment of a plot of land. It was pleaded tha,t he paid a sum of Rs.3,760/- up to the year 1980, under various heads, such as share amount, admission fee, and earnest money, and another sum of Rs.8,538/-, on 03- 09-1980 as advance of sale consideration for the plot, that may be allotted to him. He further pleaded that the Society had issued proceedings allotting plot No.27, out of the land in Sy.Nos.67, 68 and 68/2, at Tirumalgiri, Secunderabad, admeasuring 333 sq. yards for a total sale consideration of Rs.12,038/-. The extent of plot is said to have been reduced later on, to 296 sq.yards. He has also furnished the details of payments, said to have been made by him, at subsequent stages.

(3.) It is the case of the 4th respondent that he was employed in the State Bank of India, in the State of Karnataka, and as such, could not take necessary steps, to get the sale deed executed in his favour, immediately. He stated that he came to know about the transfer of plot No.27, in favour of the writ petitioner, a non-member, and accordingly prayed for the relief of declaration that the sale deed, in favour of the petitioner is illegal, and for a decree of specific performance against the Society, directing transfer of the plot No.27 in his favour. Other ancillary reliefs were also prayed for.