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2024 Supreme(Kar) 123

ANANT RAMANATH HEGDE
G. Parameshwara, S/o. Late Ganganna – Appellant
Versus
Vittalnagar House Building Co-operative Society Limited – Respondent


Advocates Appeared:
For the Petitioner: Sri Jayakumar S. Patil, Sr. Counsel a/w Sri G. Chandrashekaraiah.
For the Respondent: Sri D. L. N. Rao, Senior Counsel a/w Sri A. Sampath, Sri Sidharth Babu Rao, AGA.

ORDER :

1. The writ petitioner is assailing the order dated 08.04.2013 passed by the Karnataka Appellate Tribunal in Appeal No.361/2010, setting aside an award passed under Section 70 of the Karnataka Co-operative Societies Act, 1959 (for brevity 'Act of 1959').

2. In terms of the impugned order, the petition under Section 70 of the Act of 1959, to declare the petitioner as the absolute owner of a house site and to cancel the registered sale deed in favour of present respondent No. 6, is rejected. Hence, the present Writ Petition impugning the order of the Tribunal.

3. The petitioner and respondent No. 5 are the members of respondent No.1, Housing Co-operative Society. The petitioner claims that he was admitted to membership of respondent No.1-Society in the year 1983 and on 01.04.1991, lease cum sale deed was executed in his favour by respondent No.1 - Society in respect of site No.124, measuring 30 ft. x 40 ft in Sy.No.15 of Bikashipura Village, Uttarahalli Hobli, Bengaluru South Taluk. The petitioner also claims that he was put in possession of the said property on 04.09.1994.

4. Petitioner alleged that site No.217 was allotted to respondent No.5 on 19.06.2000 and the lease cum sale

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