JUDGEMENT
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(1.) Membership of the petitioner of Lehragaga Cooperative
Land Owning Society Ltd. Lehragaga (hereinafter called the
"Society") is terminated/set-aside on the ground that he had become
member in place of Shri Munshi Ram by tampering the record. The
same was accordingly found wrong and illegal and so the impugned
order was passed by Assistant Registrar Cooperative Societies,
Sunam in his capacity as Arbitrator. Through the same order, the
Arbitrator had held that Smt. Beero (respondent No. 5) was the valid
member of the Society. The appeal and revision filed by the petitioner
against this order were dismissed by Deputy Registrar and Additional
Registrar respectively. The petitioner has accordingly impugned
these orders through the present writ petition.
(2.) The facts leading to controversy are that respondent
No. 4-Cooperative Society was formed in the year 1960 with initial
strength of 17 members. One Munshi Ram was one of the members
of the Society. He appointed one Nek Singh as his nominee. As per
the petitioner, owing to his financial crisis, Munshi Ram agreed to put
Jethu Ram, father of the petitioner, as member of the Society. A
resolution in this regard was passed on 9.1.1960. All the records of
the Society would show Jethu Ram as member of the Society in
place of Munshi Ram. The share of Munshi Ram was statedly
transferred to the name of Jethu Ram.
(3.) On 15.7.1963, Jethu Ram was allotted about 1 acre of
land, which, he cultivated throughout his life. It is alleged that Munshi
Ram never raised any dispute in this regard during his life time.;
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