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DHIRAJ SINGH THAKUR, RAVI CHEEMALAPATI
M. Prabhakar Reddy – Appellant
Versus
M. Lakshminarayana – Respondent
ORDER :
RAVI CHEEMALAPATI, J.
1. Feeling aggrieved by the orders dated 16.11.2022 passed in Writ Petition No. 7716 of 2016, the 2nd respondent in the said writ petition preferred this intra court appeal under Clause 15 of the Letters Patent.
2. The said writ petition was filed challenging the orders dated 05.10.2015 passed by Andhra Pradesh Cooperative Tribunal, Vijayawada, Krishna District in O.A. No.43 of 2014, whereby the sale deed executed by NGO's Cooperative House Building Society Limited, Rayachoti (respondent no.5 herein) in favour of respondent no.1 herein was declared as null and void and the same was set aside and consequently the gift deed executed by respondent no.1 in favour of respondent no.3 was declared as not valid and void in law and further the NGO's Cooperative House Building Society was directed to register the subject plot in favour of the appellant herein and also to deliver the plot by removing the constructions, if any. Vide impugned orders the learned single Judge allowed the writ petition by setting aside the orders impugned in the said writ petition.
3. For clarity, the parties hereinafter will be referred to as per their status in this writ appeal.
4. The f
The jurisdiction to cancel registered sale deeds under Section 61 of the Andhra Pradesh Cooperative Societies Act lies with civil courts, not the Cooperative Tribunal.
Disputes over the validity of sale deeds executed by a cooperative society cannot be arbitrated under Section 70 of the Uttar Pradesh Co-operative Societies Act; such matters must be addressed in civ....
The main legal point established is that the Registrar of the Co-operative Society does not have jurisdiction to annul a sale deed, and the Civil Court has the authority to declare the sale deed as n....
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
If Registrar is satisfied that any matter, referred to him is a dispute, within the meaning of Section 96 the Registrar shall, subject to the rules, decide the dispute himself, or refer it for dispos....
The court affirmed that prior judicial decisions are binding and that internal payment arrangements do not negate loan obligations under cooperative society regulations.
Payments made to a third party do not constitute valid discharge of debt obligations to the primary creditor under cooperative society regulations.
Section 9 of Code of Civil Procedure, Civil Court is vested jurisdiction to adjudicate all suits of civil nature. Exclusion of jurisdiction of Civil Court to adjudicate suit of civil nature is an exc....
The Registrar under the Rajasthan Co-operative Societies Act 2001 cannot adjudicate title disputes, which must be resolved by a Civil Court.
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