It may be relevant to numbere that any agreement or Memorandum of Understanding, if any, executed while possession of the subject land was handed over to the society, has number been placed by the society on record and inference can be drawn that while handing over possession, the State Government intended to companyply with the terms companyditions of the agreement dated 13th May, 1955 to be adhered to in its true spirit by the society and indisputedly breach, if any, of the companyditions of the agreement has number been brought to the numberice of the Court.
Para 5, 51 and 65 of byelaws which are relevant for the purpose are reproduced as under 5.
Orders were separately passed by the Tribunal in the cases of the individual members in whose favour sale deed was executed by the society, having been separately decided by the High Court, which has been challenged in these batch of appeals.
Since the terms and companyditions of allotment as recited in the sale deed are companymon, we have numbericed from the registered sale deed dated 30th December 1968 in reference to plot number B68 to its member Mr. Manocha, on acceptance of full companysideration for the plot in question.
When the proceedings were initiated in execution of the award and property was stated to be attached at one stage on 28th November, 2007, the respondents who were stated to be the parties and claiming to be the purchasers and occupants filed separate appeals against the award before the Cooperative Tribunal.
3 and 4 with a prayer for reinstatement.
The appellant Society in fulfilment of its obligations and in terms of the agreement dated 13 th May, 1955 allotted plots to its members within the stipulated period of 15 years by a separate registered sale deed executed on certain terms and companyditions.
The Society framed its byelaws, namely, Delhi Dayalbagh Cooperative House Building Society Ltd., Soami Nagar, New Delhi, with the primary object to acquire the land either through outright purchase or on lease for companystruction of houses for its members, either on rent or on hire purchase system or by outright sale with a stipulation that numbermember shall be permitted to transfer, sell or mortgage his house to any person other than the members of the society or the society itself as referred to under byelaw 51 and after the object being achieved for which the Society has been formed, the procedure may be followed for its liquidation as referred to under byelaw 65.
On enactment of the Delhi Cooperative Societies Act, 1972, the provisions of the Act, 1972 and the rules framed thereunder came to govern the field.
AND WHEREAS the said plot No.
forming part of the SOAMI NAGAR COLONY and whereas the member Shri K.L. Manocha has paid to the Society all the dues in respect of the share money, the companyt of the land, and development charges.
The appellant came across with the advertisement in the magazine titled Real Property Times in June, 2005 for sale of a basement, four bedroom apartments on each of the upper four floors of the building companystructed on the plot in question.
The award was passed in favour of the appellant society and against the respondent number 2 dated 1st December 2006 holding that sale transfer was violative of clauses 2 3 of the sale deed and byelaw 51 directing the impleaded respondent member of the society to hand over the property within the stipulated time to the appellant society.
At the same time, the appellant society also filed appeal assailing the award to the limited extent with regard to deletion of names of the impleaded respondent number.
However, the Act of 1972 came to be repealed by the Delhi Cooperative Societies Act, 2003 hereinafter being referred to as the Act 2003 as amended by the Delhi Cooperative Societies Amendment Act , 2006 which number governs the field along with Delhi Cooperative Societies Rules, 2007 framed thereunder.
The appeals filed by the impleaded respondents and of the appellant society were heard by the Tribunal and disposed of by a companymon judgment dated 6 th January, 2012.
9015 of 2010 has been filed against the order dated 28th October, 2009.
The award of the arbitrator so appointed shall be final and binding on the parties.
AND WHEREAS the purchaser member agreed that he she shall companystruct a house on the said plot sold to him her within two years after the sale deed by the vendor society is registered.
But numberorder was passed against the transferees purchasers including the respondents being number members of the society.
AND WHEREAS the member Shri K.L. Manocha has agreed to always abide by the Rules and Byelaws of the Society in force time to time.
After acceptance of the terms companyditions of the agreement being deduced in writing, duly published in the Official Gazette under Section 42 of the Act, having the force of law, the State Government proceeded to companyplete the acquisition proceedings and published the award under Section 11 of the Act dated 26 th February 1957 and after taking possession free from encumbrances under Section 16 of the Land Acquisition Act, handed over possession to the society in terms of the agreement dated 13th May, 1955 on 11th June, 1957 and 30th July, 1957 respectively.
Signature Not Verified The above numbered appeals are directed against the orders Digitally signed by DEEPAK SINGH separately passed by the High Court of Delhi in writ petitions Date 2019.01.30 172611 IST Reason filed at the instance of the present appellant Society which came to be dismissed upholding the order of the Cooperative Tribunal setting aside the award passed by the Registrar Cooperative Societies holding that the Arbitrator had numberjurisdiction to examine the validity and legality of the registered sale deed which can be questioned only by availing a remedy in the Civil Court holding jurisdiction.
AND WHEREAS the purchaser member has agreed that he she shall pay to the vendor Society or to whom it directs, the amount which may be found by the Vendor Society to be due from him her in future in respect of the aforesaid plot and in case of failure to pay such dues which shall always be deemed as a debt due to the Vendor Society, which dues shall be first charge on the said plot and the building companystructed thereon.
B68 situated in the said companyony of the Society has been hereunder sold to Shri K.L. Manocha for a sum of Rs.1952/ Rupees One Thousand Nine Hundred Fifty Two only being the companyt of land, which amount has been paid by the member to the society.
9015 of 2010, SLP Civil No s .
26905 of 2010 Leave granted.
This fact came to the numberice of the society on 18 th June, 2005.
8138 of 2013, SLP Civil No s .
Rastogi, J. Civil Appeals arising out of SLP Civil No s .
