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2016 Supreme(J&K) 665

RAMESH KUMAR WATTAL
S. S. Sambyal [Brig. (Retd. ) – Appellant
Versus
Amar Singh [Hav. (Retd. ) – Respondent


Advocates Appeared:
For the Appellant :Mr. Vishal Sharma, Advocate
For the Respondents:Mr. A.K. Sawhney and Aseem Sawhney, Advocates

JUDGMENT :

Ramesh Kumar Wattal, Member (Judicial)

The instant appeal has been filed on the grounds:-

That the appellant is the chairman of the managing committee of The Sainik Co-operative House Jammu (hereinafter referred to as the Society") being duly elected as such unanimously by the members of the Managing Committee of the Society, consisting of seven elected members including the appellant.

2. That the respondents 1 to 4 are also elected members of the Managing Committee of the Society who were having differences of opinion on certain issues being of the view that transfer of plots and shops be allowed under Para 9(d) of the Society rules. This was discussed and it was viewed by the three Directors including the appellant that transfer of Plots/Shops to non-entitled persons is illegal since the plots can only be transferred to people covered under Para 5 of the rules of the Society. However this was not agreed to by the respondent 1 to 4. A legal view was taken from one advocate and a retired judge but both the views were contradictory, hence it was explained that the Managing Committee will not allow transfers to non-entitled persons. Also it was decided that the issue will be p





















































































































































































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