MANAGING COMMITTEE Vs. SABU K MATHEW

JUDGEMENT

(1.) BEING aggrieved by the order of the Deputy Registrar Co-operative Societies, Jabalpur in Appeal No. 19(6)-99/2003 dated 15.06.04 the appellant has preferred Second Appeal u/s 78(2) of M.P. Co-operative Societies Act, 1960 (in short, 'the Act').

(2.) BRIEF facts of the case are that the appellant is a registered housing society. The father of respondent was member of the society, who owned plot No. 12 having size 50x30 ft. in the society. The father of the respondent transferred the aforesaid plot to his son executing the registered partition deed on 3.3.1998. The respondent moved an application for his admission as member of the society on 3.10.1998. The society did not act on the aforesaid application. Thus, he approached Dy. Registrar, Jabalpur, who in Case No. 19-2/03 vide order dated 7.10.2003 directed the society to decide the application for membership within fifteen days. Pursuant to the aforesaid order, the respondent paid the admission fees and complied with the formalities. The society denied admission of appellant as member. Hence the respondent filed appeal No. 19 (6) 99/03 under Section 19(6) of the Act before Dy. Registrar, Jabalpur. Dy Registrar, Jabalpur vide order dated 15.6.04 directed the society to admit the respondent as member and to record his ownership. The society assailed the aforesaid order of the Dy. Registrar in Appeal before Jt. Registrar, Jabalpur in Appeal No. 78-49/04. Jt. Registrar vide order dated 26.11.05 set aside the order of Dy. Registrar. The Tribunal in its order dated 24.8.08 in SA No.10/2006 filed by the society against the appellant ultimately held that since the order of the Deputy Registrar passed on 15.6.04 was in FA No.19(6) 99-03, the Second Appeal against it was not maintainable before the Joint Registrar. The affected party was, however, given liberty of Second Appeal in Tribunal under Section 78 (2) of the Act.

(3.) IT is true that the Tribunal in SA No. 223/08 has held that the order passed by Deputy Registrar u/s 19-C(ia) is appealable before the Joint Registrar but since the order of the Tribunal in SA 10/06 pertains to the admission of the member u/s 19 as against the expulsion of the member under 19C, the situation is altogether different. The decision of the Tribunal passed in S A 223/08 would not be overriding the findings of the Tribunal regarding its decision in SA 10/06 on 24.2.08 in view of the maintainability of the appeal against the order of the Deputy Registrar passed on 15.6.2004.