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1969 Supreme(MP) 24

A.P.SEN
STATE BANK OF INDIA EMPLOYEES CO OPERATIVE HOUSING SOCIETY LTD RAIPUR – Appellant
Versus
NAWAL SHANKER DAVE – Respondent


Advocates Appeared:
P.R.Padhye, Y.S.Dharmadhikari,

JUDGMENT :

( 1. ) THIS revision under seetion 115 of the Code of Civil Procedure, filed by the defendant, is directed against an order of the Second Additional district Judge, Raipur, dated 26th September 1968, holding that the subject-matter in dispute is not covered by section 82 (1) (c) of the Madhya Pradesh co-operative Societies Act (No. XVII of 1961) (hereinafter referred to as the act), inasmuch as it was not a dispute required to be referred to the Registrar under section 64 (1) (c) of the Act.

( 2. ) THE material facts are these. The State Bank of India Employees housing Co-operative Society Limited, Raipur is a housing Society within the meaning of section 2 (n) of the Act, as its object is to provide its members with residential accommodation, and is also a society as defined in section 2 (z), as it is registered as a co-operative society under the Act. By virtue of a sale deed dated 5-1-1966, the society purchased a piece of land in Dumar Talab, raipur, from the plaintiff: Naval Shankar and Kanti Lal,who have now filed this suit for ejectment of the Society from the portions delineated by letters dhid and FEHGF in the plaint map, alleging that it has encroached upon these


















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