BHANUSHALI HOUSING COOPERATIVE SOCIETY LTD., UJJAIN Vs. MANGILAL

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner is a Cooperative Housing Society. As such society, the petitioner is engaged in acquiring land, dividing the same into plots and distributing the same amongst its members. For acquiring land the petitioner entered into an agreement for purchasing certain land from the private respondents in the year 1987. In 1998, the petitioner-society referred a dispute between the society and the private respondents (who were not members of the society), under section 64 of the M.R Cooperative Societies Act, 1960 (hereinafter referred to as 'the Act') before the Deputy Registrar of Cooperative Societies.

(3.) THE Dy. Registrar by his order dated 1.3.2004 decreed the specific performance. The private respondents claimed that it was an ex parte decree about which they came to know when execution was put into motion. The appeal by the private respondents was also dismissed. However, the second appeal preferred by them was allowed by the impugned order of the Cooperative Tribunal. The Tribunal held by its impugned order dated 30.8.2011 that the dispute between the society and non-member in the nature of specific performance of an agreement for sale was not covered by section 64 of the Act and the proper remedy for such relief was to institute a normal civil suit for specific performance.