FP NEWS SERVICE UJJAIN
The MP State Cooperative Tribunal ( Tribunal), Bhopal has declared the sale deed of about 1.338 hectare land located in the Kalapatther, Indore Road area and executed in favour of Shri Bhanushali Grih Nirman
Sahakari Sanstha ( cooperative housing society or CHS), as invalid. The Tribunal has also set aside the order of Deputy- Registrar ( DR), Cooperatives, through which he allowed to execute the sale deed alt145 one- sidedlyalt39in reference to the CHSalt39application for specific performance of the contract.
On behalf of the six owners of the land belonging to Mali ( farmer) community, young counsel, Dharmendra Sharma appeared in the Tribunal to challenge the order of DR, dated 01.03.2004 and then maintained by the Joint- Director, Cooperatives, on 07.08.2009. The Tribunal admitted the second appeal of them and marked the case 172/ 09 for consideration on two legal points; that whether the sub- ordinate courts made any legal error that the cooperative court had jurisdiction to entertain the dispute and whether the DR had made any legal error in passing one sided order against the applicants ( farmers) without confirming that they have got the show cause notice in this regard or not.
After prolonged legalities and arguments, the Tribunal headed by KC Sharma and comprised of GC Kewalramani as member, gave the verdict on August 30, 2011. Deciding the legal point, the Tribunal observed, ‘Dispute in regard to invalidity of sale deed and its cancellation on the ground of it being viable can only be determined and adjudicated by civil court.
Dispute relating to transaction of sale can be referred to Registrar, Cooperative Society only up to the stage anterior to the passing of title and not thereafter.’