RAMNIWAS Vs. JAGJEEVAN RAM GRAH NIRMAN SAHKARI SAMSTHA

JUDGEMENT

(1.) BEING aggrieved with the order dated 23.7.2003 passed by Joint Registrar, Cooperative Societies, Indore in Appeal No. 04/2003, the appellant has preferred appeal u/s 78 of M.P. Cooprative Societies Act, 1960 (for short, 'the Act').

(2.) FACTS giving rise to this appeal are that the appellant was member of Jagjeevan Ram, Grah Nirman Sahakari Samstha Maryadit, Indore (for short, 'the Society'). He deposited total amount of Rs. 8,561/ - with the respondent Society on various dates. The respondent society vide letter dated 10.1.1976 allotted disputed plot No. 6 measuring 60x40 fts to appellant in shop -cum -residential area of the Society. Kaluram S/o Mukundramji Sahu filed dispute No. 316/76 u/s 64 of the Act before Dy. Registrar, Indore in respect of disputed Plot No. 6 on 31.5.1976 against Society and appellant, seeking following reliefs: .........[vernacular ommited text]........... Dy. Registrar, Indore vide order dated 2.6.1976 granted ex -parte injunction in favour of Kaluram restraining the transfer of disputed Plot No. 6. The ex -parte injunction dated 2.6.1976 was vacated on 29.11.1978 by Dy. Registrar after hearing the contesting parties. Pursuant to vacation of stay in favour of Kaluram, the appellant approached the society and the MP Housing Board requesting execution of registered lease deed in his favour, but the same was denied on the pretext of pendency of litigation and encroachment on disputed Plot. The appellant sent a registered notice on 16.4.1983 to MP Housing Board, Society and Registrar Cooperative Societies requesting to execute registered sale deed in his favour and for removing the encroachment from the disputed plot. The society replied the aforesaid notice on 20.6.1983 wherein the Membership of the appellant in the society was specifically denied on the ground that the appellant was not entitled to be member, in view of Bye -law 4(1). The appellant filed Civil Suit on 20.1.1996 in the Court of 5th Civil Judge Class -II, Indore seeking following reliefs: .........[vernacular ommited text]........... The aforesaid Civil Suit was decided by 8th Civil Judge, Class -H, Indore (Civil Suit No. 32 -A/1989) by order dated 12.10.1996. TheCivil Suit was dismissed on the ground of jurisdiction of Civil Court. Appellant filed Appeal No. 97/96 in the Court of 12th ADJ, Indore, who vide judgment dated 10.1.2001 dismissed the appeal and confirmed the order of 8th Civil Judge, Class -II dated 12.10.1996. The appellant then approached High Court of MP Bench at Indore in Civil Revision No. 1038/2001'. Vide order dated 23rd of June, 2003, the orders passed by the Court below was confirmed and the Revision was dismissed by the High Court. During the pendency of aforesaid litigation in Civil Court, the appellant simultaneously approached the Dy. Registrar Cooperative Societies, Indore by filing a dispute No. 148 -A/90 u/s 64 of the Act on 14.2.1990 seeking the relief in respect of membership of the society. The details of the relief sought are as under: .........[vernacular ommited text]........... Vide order dated 30.1.2003 Dy Registrar Indore dismissed the dispute on the ground of limitation. The appellant filed appeal No. 4/2003 beofe Joint Registrar Cooperative Societies, Indore, who vide impugned order dated 23.7.2003 dismissed the appeal and confirmed the order of Dy Registrar. Hence, this Second Appeal.

(3.) THE counsel for the appellant has submitted that the appellant filed a dispute u/s 64 of the Act before Dy Registrar, Indore on 14.2.1990, seeking the relief regarding membership in the Society within six years from the date of knowledge of expulsion from the membership of the society. No limitation was prescribed for filing the dispute against the order of expulsion before 2.12.1994. The provision of section 19 -C (1 -A) has been added in the Act by amendment dated 2.12.1994. The procedure for the expulsion was not followed as provided u/s 19 -C of the Act. The society sent the intimation regarding expulsion from membership under Certificate of Posting, which does not confirm the delivery of the letter, but only confirms the posting of the letters. The dispute challenging the expulsion from membership was filed within limitation