- (1.) BHARATI Sapru, J. These are two writ petitions being writ petitions being writ petition Nos. 31071 of 1996 and 33097 of 1996 arising out of the same impugned order dated 11-7-1996 passed by the District Judge, Budaun in Civil Revision No. 14 of 1995.
(2.) I have heard S/sri U. C. Mishra and H. R. Mishra learned Counsel appearing in both the writ petitions and Sri R. P. S. Chauhan who is appearing on behalf of the respondents. The facts of the case are that there is a society by the name of U. P. State Co-operative Land Development Bank Ltd. , Branch Sahaswan, District Budaun, (hereinafter referred to as the Co- operative Society) which is apex society within the meaning of Section 2 (a-4) of the U. P. Co-operative Societies Act, 1965 (hereinafter referred to as the Act, 1965 ). Out of the regular business of the Co-operative Society, one of the businesses of the society is also to give loans. The respondent No. 2 Jograj Singh applied and obtained a loan from the Co-operative Society after he had been duly co-opted as a member of the said society. There is also evidence to the effect that the respondent No. 2 Jograj Singh was a member of the society. This finding has also been recorded in the order of the trial Court dated 14-2-1995.
(3.) IT is alleged that since respondent No. 2 Jograj Singh was unable to pay off his loan disbursed by the Co-operative Society, he property pledged by him was auctioned, the Petitioner Vijay Kumar purchased the said auctioned property and the auction was settled in his favour. The respondent No. 2 Jograj therefore moved to the trial Court by filing a suit being suit No. 23 of 1984. The suit was opposed by both the Co-operative Society as well as by the auction purchaser (petitioner-Vijay Kumar) that the suit filed by the respondent No. 2 Jograj Singh was not maintainable being barred by virtue of the provisions of Section 19 of the U. P. Co- operative Land Development Bank Act as well as under Sections 70, 11, 117 of the U. P. Co-operative Societies Act, 1965. While deciding the matter, the learned trial Court came to the firm conclusion that the co-operative bank was a society within the meaning of Section 2 of the Act, 1965 and the finding given was that the respondent No. 2 Jograj Singh had been inducted as a member of the said society before he was given the loan.;