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DEEPAK GUPTA
S. C. Land Owning Society – Appellant
Versus
Surjit Kaur – Respondent
JUDGMENT
Mr. Deepak Gupta, J.
This Regular Second Appeal is filed by the plaintiff-Society, which is registered under the Punjab Cooperative Societies Act. Plaintiff's suit for permanent injunction regarding property in dispute against the defendant- Surjit Kaur (respondent herein) was decreed by the trial court on 7.6.1988 but the appeal of the defendant was allowed and the suit of plaintiff society (appellant herein) was dismissed on the ground of lack of locus standi.
2.1 Plaintiff claimed to be owner in possession of the suit property. Alleging interference in its possession on the part of the defendant, plaintiff sought a decree for permanent injunction.
2.2 Defendant on the other hand claimed to be owner in possession. According to her, her mother Smt. Bachni had performed Karewa marriage with Bakhtaur Singh and that she is the picchlag daughter of Bachni Kaur. After Karewa marriage of Bachni with Bakhtaur Singh, she had been adopted by Bakhtaur Singh and had inherited the membership rights of Bakhtaur Singh in the plaintiff Society. She also challenged the locus standi of the plaintiff in filing the suit, filed through President Dalip Singh, as the plaintiff- Society stood di
A cooperative society must act through authorized resolutions; without such authority, suits filed are not maintainable.
: If on application to the governing body some other officer or person be not nominated to be the defendant and thereby when it is seen that the Society must sue or be sued through a person nominated....
Point of Law - The principle to be applied is that there must be a injuria sine damnum and not the damnum sine injuria for taking a legal action and a legal recourse. A damage suffered has to be coup....
The judgment clarified the scope of jurisdiction under Section 70 of the Act, emphasizing that the dispute must relate to the constitution, management, or business of a co-operative society and invol....
A co-operative society can challenge membership decisions if it demonstrates legal or financial harm, while individual members have standing to contest eligibility determinations impacting their righ....
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