- (1.) Respondent No. 3 Shiv Sagar Tiwari filed O.S. No. 1931 of 1980 against Vidyawati petitioner No. 1, her husband Brij Bihari Shukla petitioner No. 2, Karamchari Nagar Housing Society petitioner No. 3 and Mohan Lal, Secretary of the Society petitioner No. 4.
(2.) The allegation in the plaint was that the Cooperative Housing Society defendant No. 3 had allotted plot No. 158 to the plaintiff on 8.10.1971 through registered lease deed and possession had also been delivered to him, however on 6.12.1980, he found that defendant Nos. 1 and 2 were making constructions over the said plot. The relief claimed was for permanent prohibitory injunction restraining the defendants from making construction or encroaching upon the property. Relief of possession was also claimed. Defendant Nos. 1 and 2 filed written statement and pleaded that the society had allotted the plot in dispute to defendant petitioner No. 1 and hence they made constructions over the plot in dispute. It was further pleaded by the defendant No. 1 that lease of plaintiff was cancelled by the Society as plaintiff failed to comply with the terms and conditions thereof and plaintiff was dispossessed from the plot earlier allotted to him and thereafter it was allotted to defendant No. 1. Replication was also filed by the plaintiff thereafter. Defendant Nos. 1 and 2 through application dated 2.9.1983 sought amendment in the plaint for adding the plea regarding bar of Section 70 of U.P. Cooperative Societies Act, 1965. Issues were framed and issue No. 10 pertained to the jurisdiction of civil court in view of Section 70 of U.P. Cooperative Societies Act. VIIIth Additional Munsif Kanpur through order dated 15.12.1983 held that the suit was barred. Against order dated 15.12.1983, plaintiff filed Misc. Appeal No. 9 of 1984. XIIth Additional District Judge, Kanpur allowed the appeal on 21.4.1984. Appellate court set aside the order of the trial court and held that the suit was not barred under Section 70/111 of U.P. Cooperative Societies Act. The said order of appellate court has been challenged through this writ petition.
(3.) Under Section 70 of the Act. it is provided that if any dispute relating to the constitution, management or the business of a Cooperative Society among members, past members and person claiming through members shall be referred to the Registrar for action in accordance with the provisions of the Act and the Rules and no court shall have jurisdiction to entertain any suit or other proceeding in respect of any such dispute. Under Section 111(c) of the Act, it is provided that no civil or revenue court shall have any jurisdiction in respect of any dispute required under Section 70 to be referred to the Registrar.;