PAHAD SINGH Vs. RAJKUMARI DUBEY

JUDGEMENT

(1.) This is a petition under Article 237 of the Constitution feeling aggrieved by the orders of the Courts' below overruling an objection preferred by the defendant/petitioner founded on sec. 64 read with Sec. 82 and 94 of M.P. Co-operative Societies Act, 1960.

(2.) It appears that the plaintiff/respondent NO.1 and the defendant/petitioner have both secured two continuous plots from a Co-operative society. There arose a dispute as to the boundary line between the two plot holders. The plaintiff having complained of encroachment made by the defendant/petitioner filed the present suit for declaration of title, recovery-of possession with mesne profits by persuance of a permanent preventive injunction. The then Chairman of the Society has been joined as defendant No.2, apparently as a Performa party, no relief having been claimed against him.

(3.) The defendant/petitioner raised an objection that the suit as filed was liable to be tried before the Registrar of Co-operative Societies under sec. 64 of the M.P. Co-operative Societies Act, 1960 and hence the jurisdiction of the Civil Court was excluded under sec. 82 of the Act.