NDLI: Shivkishan Vs. Sujata Tarachand Makhija and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1960 s.91 Maharashtra Cooperative Societies Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Maharashtra Cooperative Societies Act, 1960 (24 of 1961)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Maharashtra Cooperative Societies Act, 1960 –s.91 – First Respondent (the disputant), an employee of Life Insurance Corporation of India (LIC) opted for Plot No.2 in the Cooperative Housing Society, meant principally for such employees– Allegedly, in terms of seniority, she was entitled to be allotted the said Plot, however it was illegally allotted to the appellant – Interim order passed by the Cooperative Court injuncting the Society from making any allotment in respect of Plot No.2– Despite the order, registered sale deed executed by the Society in favour of the appellant – Plea of the Society that it was the husband of the disputant who was the original depositor and that she had attended the meeting dtd. 18.12.88 not in her own capacity but as representative of her husband – Cooperative Court inter alia found that the the disputant could not claim to be the Member/deemed Member of the Society and thus, was not entitled to any relief, however, her husband was entitled to get sale deed executed after getting all the formalities completed – Cooperative Appellate Court held that the Disputant was senior Member of the Society as against the appellant and was entitled to Plot No.2 opted by her – High Court affirming the findings of the Appellate Court inter alia held that the allotment of plot in favour of the appellant was illegal and directed the Society to follow the procedure in accordance with law for allotment of the plot – Held: In view of the fact that the Disputant was an employee of LIC and had admittedly deposited Rs.4,750/-, her status was clearly that of Depositor –Thus, in the face of such admission and the findings rendered by the Courts below, the Disputant was a Depositor of the Society and like all other Depositors was entitled to and had attended the meeting dtd. 18.12.88 in her own right – At no stage the husband of the Disputant claimed that he was the Depositor in his own right and entitled to allotment of any Plot – Money deposited by all the Depositors including the Disputant helped the Society to have the requisite land whereafter the Plots could be carved and allotted to the concerned members – On the other hand, at no stage the Appellant made any such contribution – He was neither present in the meeting dtd.18.12.88 nor had he submitted any application along with requisite fees – Disputant opted for Plot No.2 and as on that date there was nobody else apart from the Disputant who opted for the said plot – These aspects of the matter be taken into account by the authorities while acting in terms of the direction issued by the High Court and the allotment be restricted to those who exercised their option as on 18.12.88 and were not otherwise allotted any plot and had not accepted such allotment.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 1095
Petitioner	Shivkishan
Respondent	Sujata Tarachand Makhija And Ors.
SCR	[2019] 12 S.C.R. 796
Judgement Date	2019-09-27
Case Number	7652

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Shivkishan Vs. Sujata Tarachand Makhija and Ors.

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