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2015 Supreme(SC) 751

T.S.THAKUR, R.K.AGRAWAL, R.BANUMATHI
Bhanushali Housing Cooperative Society Ltd. – Appellant
Versus
Mangilal – Respondent


JUDGMENT

T.S. THAKUR, J.

Leave granted.

1. The short question that arises for consideration in this appeal, by special leave, is whether a dispute arising out of a contract for sale and purchase of immovable property owned by the respondents was amenable to adjudication under Section 64 of the M.P. Cooperative Societies Act, 1960. By his order dated 1st March, 2004, the Deputy Registrar, Co-operative Societies, Ujjain, before whom the proceedings were initiated, answered that question in the affirmative and decreed specific performance of the contract entered into between the parties. A first appeal preferred by the sellers (respondents-herein) before the Joint Registrar Ujjain failed and was dismissed by his order dated 7th August, 2009. Aggrieved by the said two orders, the respondents preferred a second appeal before the M.P. State Co-operative Tribunal, Bhopal who allowed the same and set aside the orders passed by the Deputy Registrar and that passed by the Joint Registrar holding that the dispute raised by the purchaser-society could not be made the subject matter of proceeding under Section 64 of the M.P. Cooperative Societies Act, 1960. The purchaser-society then filed writ


























































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