YOGENDRA RAI Vs. SADHAN SAHKARI SAMITI NO 2 NAGAR
LAWS(ALL)-2004-9-221
HIGH COURT OF ALLAHABAD
Decided on September 01,2004

YOGENDRA RAI Appellant
VERSUS
SADHAN SAHKARI SAMITI NO.2 NAGAR Respondents

JUDGEMENT

Umeshwar Pandey, J. - (1.) This Second Appeal arises out of the judgment and decree dated 8.8.1977 passed by the District Judge, Ghazipur.
(2.) The brief facts giving rise to this appeal are that the appellant-plaintiffs suit was for permanent injunction to restrain the respondent-defendant from recovering the certain sums of money under an award duly decided and confirmed by the Arbitrator under Section 71 of U.P. Co-Operative Societies Act, 1965 (hereinafter referred to as the 'Act'). According to the plaint case, the entire amount due against him in the award was paid by him to the Co-operative Amin. As such, he had no liability of any such further payment. The defendant Co-operative Society contested the suit and filed the written statement. It was pleaded that the suit was barred under Sections 102 and 111 of the Act. The learned trial Court framed an issue on this point and gave its finding in affirmative holding that the suit was barred under Sections 102 and 111 of the Act. On appeal the Lower Appellate Court concurred with the findings recorded in regard to the bar of the suit and finding no merit in the appeal dismissed it by the impugned judgment dated 8.8.1977.
(3.) Aggrieved with the aforesaid judgment of the 1st Appellate Court, the plaintiff-appellant has approached this Court in the present Second Appeal.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.