JUDGEMENT
BADAR DURREZ AHMED,J. -
(1.)This writ petition has been filed against the order dated 26.02.2008 passed by the Delhi Cooperative Tribunal in Rev. P. No. 78/2008 as well as in the Appeal No. 226/2005 -DCT which were heard together as common issues were involved.
(2.)THE respondent Society was given a piece of land by the then Delhi Administration by acquiring it under the provisions of the Land Acquisition Act, 1894 by way of an agreement under Section 41 of the said Act. The land was acquired for the Society for construction of houses for its members and the agreement incorporated certain conditions to that effect. Thereafter, plots were carved out for its members and the same were allotted by the Society to its members by way of individual sale deeds executed between the Society and its members. The plot in question is plot No. A -2 in the said Society which was allotted to Lt Col. (Retd) Gurbans Singh and the sale deed was executed by the Society in favour of the said Lt Col. Gurbans Singh. Thereafter, a house was built on the plot by the family of Sh Gurbans Singh. Upon his death, the property was inherited by six persons. We may note at this juncture that five of them had withdrawn their names from the appeal as also from the revision petition. It is only one of the heirs, namely, Sh Paramjit Singh, who has contested this matter throughout.
The successors -in -interest of late Sh Gurbans Singh, decided to sell the property to one Ms Kirti Satsangi for which they executed a General Power of Attorney and Agreement to Sell and other usual documents. According to the respondent No. 2 (Sh Paramjit Singh), the successors -in -interest of late Sh Gurbans Singh, had sent intimation to the Society about the intended transfer of property to Ms Kirti Satsangi, once, in the year 2003 and, again, in 2004. Since no objection was received from the Society, the transaction was completed. On the other hand, it is contended on behalf of the Society that no such intimation was received by the Society and, therefore, there was no question of there being any objection on record. According to the petitioner -Society, the transfer in favour of Ms Kirti Satsangi was in clear violation of the terms and conditions of the sale deed executed between the Society and the original member, namely, late Sh Gurbans Singh as also of Bye Law No. 51 of the Society.
(3.)ACCORDING to the petitioner -Society, a dispute had arisen within the ambit of the provisions of the Delhi Cooperative Societies Act, 1972, therefore, a petition was filed under Section 60 of the said Act wherein the following disputes were raised: a) Whether the defendants can enter into an 'Agreement to Sell' in violation of the conditions contemplated under the Government Grant Act as well as Sale Deed?
b) Whether under the facts and circumstances of the case the defendants are competent to sell the plot in question to any person, other than the claimant society or through the society to its members?
c) Whether the defendants have acted in conformity with the terms and conditions of the Sale Deed 03.02.1968?
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