N. H. BHATT, S. L. TALATI, J.

( 1 ) * * * *

( 2 ) MR. R. N. Shah the learned advocate for the appellant M. G. Patel and Co. however had two fold submissions to be made in this connection. He firstly stated that sec. 167 of the Gujarat Co-operative Societies Act would not be attracted at all because the claim for money was not touching the business of the society. The business of the society as could be gathered from the Certificate of Registration ex. 107 was to construct buildings on Co-operative basis to purchase lands to sell lands to hire lands to develop lands and to prosecute other objects which would ultimately ameliorate the physical education and cultural well being of its members. The purchase of land is one of the main objects of the society. Any cause of action that has got a direct bearing with the purchase of land has to be said as touching the business of the society. the word `touching from its common sense connotation is suggestive of concerning. The plaintiffs claim for the unpaid amount of consideration is directly rooted in the defendant societys purchase of land. The question of payment of consideration arose because the society was out to purchase the land in pr

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