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2002 Supreme(Guj) 157

K.M.MEHTA
KALYANBGH CO OPERATIVE HOUSING SOCIETY LIMITED – Appellant
Versus
RAJENDRAPRASAD SHYAMLAL – Respondent


Advocates Appeared: B.S.PATEL, B.Y.MANKAD, JIVANLAL G.SHAH

K. M. MEHTA, J.

( 1 ) KALYANBAUG Co-operative Housing Society Limited and others, petitioners have filed this petition challenging the judgment and order dated 30/03/1988, passed by the learned Board of Nominees, Vadodara and also the order of the Gujarat Co-operative Tribunal (hereinafter referred to as `the tribunal) dated 2/09/1989, passed in Appeal No. 238 of 1988 filed by the petitioner in this behalf whereby the tribunal has dismissed the said appeal.

( 2 ) ). THE facts giving rise to this petition are as under:-2. 1the first petitioner society has been incorporated at Manjalpur after obtaining necessary permission from Government of Gujarat under Sec. 20 of the urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as `the Act of 1976 ). The Government granted permission to the said society on a condition that all the members were supposed to fulfil the same. According to one of the condition, the members of the society were supposed to file declaration form and copy of which was required to be submitted before the competent Authority under the Act of 1976. 2. 2it has been further stated that the Annual general Meeting of the petitioner no. 1 society held on 2





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