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1995 Supreme(Kar) 44

J.ESWARA PRASAD
VINAYAKA GRIHA NIRMANA SAHAKARA SANGHA LIMITED – Appellant
Versus
KARNATAKA APPELLATE TRIBUNAL – Respondent


Advocates:
A.N.SWAMY, H.P.MUDLAPPA, T.S.RAMACHANDRA RAO

J. ESWARA PRASAD, J.

( 1 ) THE petitioner assails the order of the 1st respondent, karnataka Appellate Tribunal in Annexure-H, holding that the 2nd respondent-Deputy Registrar of Co-operative Societies has no jurisdiction to adjudicate the dispute relating to the title and possession of certain lands, which arise between the petitioner-Society and the 3rd respondent-Society.

( 2 ) THE facts in brief are, certain lands were the subject-matter of acquisition, which commenced on 21-1-1985. After following the procedure laid down in the Land Acquisition Act, an award was passed and possession of the lands in Sy. Nos. 95 and 98 of nagarabhavi Village, was taken by the Government and the lands were handed over to the petitioner-Society on 13-10-1992 as seen from Annexure-D. It appears that the 3rd respondent claimed title to the lands in question, by virtue of a sale deed dated 29-8-1991. Complaining that the 3rd respondent is interfering with the possession of the petitioner, the petitioner approached the 2nd respondent under Section 70 of the karnataka Co-operative Societies Act, 1959 (the 'act' for short) by raising a dispute. The said matter was enquired into by the 2nd respondent, wh








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