Amit Rawal, J. - (1.) The appellant-plaintiff is aggrieved of the judgment and decree dated 08.01.1990 rendered by the Lower Appellate Court, whereby, suit bearing No.175 of 1987 seeking possession of one plot for the shop no.23 measuring 15'x36' from the defendants, has been dismissed by the Lower Appellate Court, in essence, the judgment and decree of the trial Court, has been set aside.
(2.) Mr. S.S. Brar, learned counsel appearing on behalf of the appellant-plaintiff submitted that the Lower Appellate Court has committed illegality and perversity in heavily relying upon Section 102 of the Haryana Cooperative Societies Act, 1984 (hereinafter referred to as Act 1984 ). The nature of the suit as stated above was for possession of the plot and not with regard to the dispute enumerated in the aforementioned Section. He has drawn the attention of the Court to the aforementioned provisions of 1984 Act, which read thus:- 102. Disputes for arbitration (1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management or the business of a co-operative society [other than a dispute of disciplinary action or dispute relating to service matters in respect of a paid servant of a society] arises - (a) among members, past members and persons claiming through a member, or deceased members; or (b) between a member, past member or persons claiming through a member, past member or deceased member and the society, its committee or any officer, agent or employee of the society or liquidator, past or present; or (c) between the society or its committee and any past committee, any officer, agent or employee or any past officer, agent or employee or the nominee, heirs or legal representatives of any deceased officer, agent or employee of the society; or (d) between the society and any other society, between a society and liquidator of another society or between the liquidator of one society and the liquidator of another society; such disputes shall be referred to the arbitration of the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute. Provided that any proceedings pending or concluded under section 101 shall not constitute a dispute touching the constitution, management or the business of the society. (2) For the purpose of sub-section (1) the following shall be deemed to be disputes touching the constitution, management or the business of a cooperative society, namely:- (a) a claim by the society for any debt or demand due to it from a member, or nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principle debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principle debtor as a result of the default of the principle debtor, whether such debt or demand is admitted or not; (c) any dispute arising in connection with the election of any officer of the society. (3) If any question arises whether a dispute referred to the Registrar under this section is or is not a dispute touching the constitution, management or the business of co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any court. (4) No dispute arising in connection with the election of committee member or officer of the society shall be entertained by the Registrar unless it is referred to him within thirty days from the date of the declaration of the result of election.
(3.) By referring to the aforementioned provisions, he submitted that by virtue of an arbitration award dated 12.2.1985 and after remand dated 11.12.1986, it has been held that the appellant was the nominee of Sewa Ram, who was a member of the Society namely Pursarthi Cooperative House Building Society Nanakpur Punhana.;