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1953 Supreme(All) 45

MALIK, GURTU
Salaried Employees Co-operative Housing Society Ltd. – Appellant
Versus
Registrar, Co-operative Societies – Respondent


Advocates:
Baleshwari Prasad, for Petitioner; Standing Counsel, for Opposite Parties.

Judgement

MALIK, CJ :- This writ application has been filed on behalf of the Salaried Employees Cooperative Housing Society Ltd., Mainpuri against the Registrar, Co-operative Societies, Uttar Pradesh and the Mainpuri Co-operative Housing Society Ltd., Mainpuri.

2. A piece of land was being acquired at the instance of the petitioner, the Salaried Employees Co-operative Housing Society Ltd. This land was also needed by the opposite party 2, the Mainpuri Co-operative Housing Society Ltd. and With respect to this land, therefore, there was a dispute between the two Societies. The dispute was referred to an arbitrator, Sri Tirlok Chand, in accordance with the provisions of R. 115, U.P. Cooperative Societies Rules, 1936. The arbitrator gave his decision on 17-5-1949 and by that award he wanted to divide the land half and half between the two Societies. The petitioner filed an appeal before the Assistant Registrar in accordance with the provisions of R. 133 of the said Rules. The Assistant Registrar on 10-1-1950 allowed the appeal and held that the petitioner was entitled to the whole land. This order was revised by the Registrar under R. 135 on 6-11-1950. The Registrar set aside the order





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