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2021 Supreme(Mad) 3241

G.R.SWAMINATHAN
A. Maria John – Appellant
Versus
Colachel Co-operative Housing Society Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.P.Thirumahilmaran

ORDER :

Since the issue involved in all these Civil Revision Petitions is one and the same, they are disposed of by this common order.

2. The Revision Petitioners herein had availed housing loans from the respondent Society. Mortgages were created on the petitioners' petition-mentioned properties. To deposit the amount due on the mortgages, the petitioners filed petitions under Section 83 of the Transfer of Property Act, 1882 before the District Munsif Court, Eraniel. The Court below returned the same on the ground of maintainability. Challenging the same, these Civil Revision Petitions have been filed.

3. It is not in dispute that the respondent is a Society registered under the Tamil Nadu Cooperative Societies Act, 1983. The petitioners are its members. Dispute has arisen between the petitioners on the one hand and the management of the Society on the other. Any dispute touching the business of a registered Society arising between a member and the Society shall be referred to the Registrar for decision under Section 90 of the Tamil Nadu Cooperative Societies Act, 1983.

4. The question that arises for consideration is whether a member of the Society can file a petition under Section 8

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