KOMAL Vs. HARYANA NAGAR NIRMAN SAHKARI SAMSTHA

JUDGEMENT

(1.) BEING aggrieved with the order dated 19.10.2005 passed by Joint Registrar Cooperative Societies, Indore in Appeal No. 91/2005 the appellant has preferred second appeal u/s 78(2) of M.P. Cooperative Societies Act, 1960(for short,'the Act').

(2.) FACTS are that the respondent is a housing society. It purchased certain land and develop a colony in the name of "Golden Palace Colony" and completed the required formalities. The appellant is a member of the respondent society. The respondent society allotted a Plot No. 12 of "Golden Palace Colony" to appellant and executed a registered sale deed in his favour on 14.11.1995.The byelaws and the condition of the authorities concerned granting permission for colonization provides the condition of construction of a house on allotted plot within three years from the date of allotment. The period was extendable upto the maximum period of five years by the society.

(3.) THE appellant/defendant filed an application under Order 7 Rule 11 CPC challenging the jurisdiction of the Court of Dy. Registrar on the ground that the powers to cancel the registered sale deed vests with the civil Court. Dy. Registrar vide order dated 26.2.2005 allowed the application of the appellant-defendant and held that his Court has no jurisdiction to grant the relief sought and directed the respondent-plaintiff to file a suit in a competent Court. The respondent-plaintiff society filed appeal in the Court of Joint Registrar, who vide impugned order dated 19.10.2005 remanded the case to Dy. Registrar for adjudicating it afresh on the ground that the question of jurisdiction of Court of Dy. Registrar is a mixed question of fact and law, the same is challenged in this Second Appeal.