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K.C.SHARMA
Haryana Nagar Grah Nirman Sahakari Samstha Maryadit – Appellant
Versus
Abhisheikh – Respondent
1. This order shall also govern the disposal of SA No. 52/08, (Haryana Nagar Grah Ninnan Sahakari Samstha Mydt., Indore v. Prahlad Kishore Mishra, Indore), SA No. 53/08 (Haryana Nagar Grah Nirman Sahakari Samstha Mydt., Indore v. Smt. Kavita Mishra, Indore), and SA No. 54/08 (Haryana Nagar Grah Nirman Sahakari Samstha Mydt., Indore v. Smt. Shilpa Mishra, Indore), as similar question of facts and law are involved.
2. Being aggrieved with the order dated 28.2.2008 passed by the Joint Registrar Cooperative Societies, Indore in FA No. 130/07, the appellant has preferred this Second Appeal u/s 78 (2) of MP Cooperative Societies Act, 1960 (for short, 'the Act').
3. Facts of the case are that the appellant society is a registered Cooperative Society. Respondent purchased plot No.18 from the society by registered sale deed dated 27.1.1984. In violation of the conditions of the Byelaw within the stipulated period, respondent failed to build a house on the said plot. Appellant society filed a dispute before Dy Registrar against the respondent seeking the relief of surrender of plot on the ground of non-construction within the stipulated period. Dy Registrar non-suited the appella
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