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1970 Supreme(Ker) 90

E.K.MOIDU
M. K. KUNHIRAMAN – Appellant
Versus
PURAMERI SERVICE CO-OP. BANK LTD. – Respondent


Judgment :-

1. This Civil Revision petition by the plaintiff in a Small Cause Suit is against the order of the Munsiff, Nadapuram, returning the plaint for presentation to the Registrar of Co-operative Societies on the ground that under S.69 (1) of the Kerala Co-operative Societies Act 1969 (Act 21 of 1969), hereinafter referred to as the Kerala Act, Civil Court has no jurisdiction to entertain the suit.

2. The revision petitioner instituted the suit to recover arrears of salary up to 24 31964 at the rate of Rs. 40/- a month as the Manure Depot Agent of the respondent-Co-operative Society in a building of which the revision petitioner was the owner. It is alleged that when a qualified hand was available, the service of the revision petitioner was dispensed with. Therefore, the arrears of salary was claimed against the Co-operative Society.

3. The respondent society contended that there was no agreement to pay any salary to the revision petitioner though the manure depot was conducted in his building, that no amount was, therefore, payable to the revision petitioner and that even if so, a suit was not maintainable as the Registrar of the Co-operative Societies alone was competent to e


























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