- (1.) HEARD the learned Counsel for the parties.
(2.) RULE made returnable forthwith by the consent of parties.
(3.) THIS petition can be disposed of at the admission stage itself in view of the decision of the Supreme, Court in the case of (Marine Times Publications pvt. Ltd. v. Shriram Transport and Finance Co. Ltd. and another), A. I. R. 1991 S. C. 626, wherein it has been held that; "where an agreement was entered into for transfer of premises in a building owned by a co-operative society, between a member of the Co-operative Society, and a non-member and a suit was filed by the non-member, in which the main claim was made for a decree of specific performance of the said agreement and the prayer for an order that society should be directed to give their approval to the said transaction was merely an ancillary prayer made with a view to complete the relief of specific performance, such a dispute cannot be said to fall within the scope of section 91 (l) (b) and consequently the suit would not be maintainable in a Co-operative Court. As far as the claim to have agreement specifically performed was concerned, it cannot be said to be a claim made by a person (non-member) against the society. Moreover, the claim of non-member against the society, as made in the plaint, cannot be said to be made through a member, because it was only when a decree for performance of the said agreement was passed against the member, that it could be said that the other relief, namely, for an order directing co-operative society to approve the said transaction was claimed against the society through a member. Moreover, that relief was only in the nature of ancillary relief, subsidiary to the main relief of specific performance".;