VIDHYADHAR DUBEY Vs. BALMUKUND KAUSHIK

JUDGEMENT

(1.) SECOND Appeal u/s 78 of M.P. Cooperative Societies Act, 1960 has been preferred against the order of Joint Registrar Cooperative Societies, Gwalior passed in Case No. 78-67/2004 on 30.3.2007.

(2.) BRIEF facts giving rise to this appeal are that the respondent No. 2 is a Primary Housing Cooperative Society and the appellant is a member of it. Respondent society owing to some irregularities committed by the respondent No. 1 issued a show cause notice in 5.9.1998 for expelling respondent No. 1 from the membership of the respondent society. The society ultimately by passing a resolution on 4.10.1998 expelled the respondent from its membership. As a consequence of this act, the Society also cancelled a plot No. 21 allotted to the respondent, which was subsequently allotted to the appellant. The respondent No. 1 filed a dispute u/s 64 before the Assistant Registrar Cooperative Societies, Guna, who while seeking the relief of restoring his membership also urged that the plot No. 21 be allotted back to him. Dy. Registrar Cooperative Societies, Guna through his order dated 2.5.2003 set aside the order of the respondent society expelling respondent No. 1 from its membership and directed the respondent society to do necessary action for allotting the Plot No. 21, in accordance with the procedure laid down in it. It has been stated in the memo of appeal that appellant has constructed a shop on this plot and it is very much in possession of appellant. However, since he was not impleaded as a party by the trial Court his interest has been affected adversely without impleading in it. He therefore filed First Appeal before the Joint Registrar Cooperative Societies, Gwalior, who vide the impugned order has upheld the order of the trial Court. Therefore, this Second Appeal.

(3.) WE heard the rival contentions on above points and reached the following conclusions: