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2012 Supreme(Kar) 601

N.Kumar, B.V.Pinto
Digambar Warty – Appellant
Versus
District Registrar, Bangalore Urban District, Bangalore – Respondent


Advocates appeared:
M/s. Sreevatsa Associates, Sri S.K.V. Chalapathy, Senior Counsel, for Appellants;
Sri Sajjan Poovaiah, Additional Government Advocate, for Respondents.

JUDGMENT

N. Kumar, J.

In both these batch of writ appeals as common questions of law are involved, they are taken up for consideration together and disposed of by this common Judgment.

2. For the purpose of convenience, the parties are referred to as they are referred to in the writ petition.

3. In W.P.No.14231/2005 and other connected matters, the petitioners are all members of Sri Chitrapur Co-operative Housing Society Limited [for short hereinafter referred to as 'Society']. The Society was registered in the year 1980 under the provisions of the Karnataka Co-operative Societies Act, 1959. The Society is a tenant Co-partnership society. The Society took on long lease for 99 years, the land belonging to Chitrapur Mutt. After taking the lease, they built 96 flats. The lease-hold rights and the ownership of the building vests in the Society. Each tenant member is allotted apartment on the basis of holding distinctive shares and loan stock subscribed by the member. The members jointly hold the property through the Society during the lease period. The land together with the buildings will revert back to the lessor on expiry of the lease period. The Society has not executed any conveyance,











































































































































































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