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2009 Supreme(Del) 866

BADAR DURREZ AHMED, VEENA BIRBAL
KRISHAN KUMAR SACHAN – Appellant
Versus
LT. GOVERNOR – Respondent


Advocates appeared:
For the Petitioner: None.
For the Respondents:Mr. V.K. Tandon, Advocate.

JUDEGMENT

VEENA BIRBAL, J.

1. A short question relating to interpretation of Rule 25(1)(c)(i) of the Delhi Cooperative Societies Rules, 1973 (hereinafter referred to as the Rules) arises for decision in this petition. The said Rule, to the extent it is relevant for the purposes of this case, is reproduced below:- “Rule 25: Disqualification of membership

(1) No person shall be eligible for admission as a member of a co-operative Society if he ………

(a) ………………

(b)……………… (c) In the case of membership of a Housing Society:- (i) He owns a residential house or a plot of land for the construction of a residential house in any of the approved or un-approved colonies or other localities in the Union Territory of Delhi in his own name or in the name of his spouse or any of his dependent children on lease hold or free hold basis : provided, disqualification as laid down in Sub-Rule (1)(c)(i) shall not be applicable in case of persons who are only co-sharers of joint ancestral properties in congested localities (Slum Area) whose share is less than 66.72 sq. meters (80 sq. yards) of land.”

2. The facts necessary for deciding the present petition are as under:-

Petitioner became the membe















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