SOHAN LAL Vs. SMT. VED KUMARI AND OTHERS

JUDGEMENT

(1.) The appellant-plaintiff is aggrieved of the judgment and decree dated 08.01.1990 rendered by the Lower Appellate Court, whereby, suit bearing No.175 of 1987 seeking possession of one plot for the shop no.23 measuring 15'x36' from the defendants, has been dismissed by the Lower Appellate Court, in essence, the judgment and decree of the trial Court, has been set aside.

(2.) Mr. S.S. Brar, learned counsel appearing on behalf of the appellant-plaintiff submitted that the Lower Appellate Court has committed illegality and perversity in heavily relying upon Sec. 102 of the Haryana Cooperative Societies Act, 1984 (hereinafter referred to as Act 1984 ). The nature of the suit as stated above was for possession of the plot and not with regard to the dispute enumerated in the aforementioned Section. He has drawn the attention of the Court to the aforementioned provisions of 1984 Act, which read thus:-

(3.) By referring to the aforementioned provisions, he submitted that by virtue of an arbitration award dated 12.2.1985 and after remand dated 11.12.1986, it has been held that the appellant was the nominee of Sewa Ram, who was a member of the Society namely Pursarthi Cooperative House Building Society Nanakpur Punhana.