MP STATE MINOR FOREST Vs. ZUDEDA BI

JUDGEMENT

(1.) 15/03/2012 Challenging the orders passed by the Deputy Registrar, Cooperative Societies, Seoni on 31.10.2000 vide Annexure P/7, allowing the claim filed by the respondent No.1 under section 64 of the MP Cooperative Societies Act, 1960 and directing the petitioners to pay a sum of Rs. 1,68,130/- alongwith interest and further challenging the order- dated 19.11.2001 - Annexure P/8 passed by the Joint Director, Cooperative Societies rejecting the appeal filed by the petitioners; and, the order-dated 4.9.2003 - Annexure P/9 rejecting the application filed by the petitioners for setting aside the ex-parte appellate order - Annexure P/8, this writ petition has been filed.

(2.) FACTS in brief indicate that petitioners claim to be an Apex Society registered under the provisions of the MP Cooperative Societies 2 Act, 1960 (hereinafter referred to as 'Act'). According to the petitioners, respondent No.1 is owner of various Godowns and the said Godowns were taken on rent by the petitioners for storage of 'tendu' leaves. According to the petitioner, in the year 1997-98, petitioners took three Godowns on rent from respondent No.1 and three different Agreements - Annexures P/1, P/2 and P/3, were executed for the said purpose. Thereafter, in the season 1998-99, similar agreements were executed, but as the requirement was only of one Godown, only one Godown was taken on rent vide Agreement - Annexure P/4 dated 1.5.1998. According to the petitioners, respondent No.1 surprisingly came out with a case that in the year 1998-99 also, three Godowns were taken on rent and a sum of Rs. 1,68,130/- as rent due is not being paid. When the amount was not paid, the proceedings were initiated under section 64 of the Act, and the application having been allowed, this writ petition is filed challenging the orders passed as indicated hereinabove.

(3.) HAVING heard learned counsel for the parties and on a perusal of the records, it is clear that the dispute in question pertains to payment of rent for the Godowns belonging to respondent No.1, which were rented to the petitioners for the purpose of storage of 'tendu' leaves in various seasons. It is an admitted position that for the year 1996-97, three Godowns were taken on rent and according to respondent No.1 the same position continued in the subsequent season also. However, it is the case of the petitioners that in the subsequent season only one Godown was taken on rent. A perusal of the order - Annexure P/7 passed by the Deputy Registrar and the appellate order - Annexure P/8 passed by the Joint Registrar clearly indicates that when the proceedings were held under section 64, the entire original records were called for and the petitioners herein inspite of opportunity did not produce the original files and records. On the basis of the evidence and material adduced by the respondents, the finding recorded is that three Godowns were taken on rent and the rent has not been paid.