2014 AIR CC 832 (AP) ::AIR 2014 (NOC) (SUPP) 757 (AP) ::(2013) 5 AndhLD 634

Andhra Pradesh High Court

Hon'ble Judge(s): M. S. Ramachandra Rao , J

(A) A.P. Co-operative Societies Act (7 of 1964) S. 28 — Transfer of membership — Death of original member — Proof of passing of resolution of Managing Committee permitting transfer of membership in favour of respondent not available — Any right or interest in plot cannot be conferred on respondent merely because sale- deed was executed by Office-bearer of Society in her favour AIR 1990 AP 171 (FB), AIR 2011 SC (Civ) 786, Rel on (Para 21,22)

(B) Constitution of India Art. 226 — Equitable relief — Entitlement — Death of original member of society — Membership transferred in favour of respondent without any proof that Managing Committee passed resolution permitting such transfer — Though legal heirs of original member were available, respondent in collusion with Office-bearer of society claimed transfer of membership in his name — Respondent acted dishonestly and tried to usurp legitimate rights of legal heirs of original member — Respondent would not be entitled to any relief against order allowing transfer of membership in favour of legal heirs (Para 23,24)

(C) A.P. Co-operative Societies Act (7 of 1964) S. 61 (1)(b) — Registrar of Co-operative Society — Jurisdiction — Transfer of plot allotted to original member in favour of respondent by execution of sale- deed — Right of legal heirs of past member to get membership transferred in their name deprived — Dispute between parties as transfer of plots thus touches business of society and cannot be said to be extraneous to S 61 — Registrar would have jurisdiction to resolve dispute (Para 25)

(D) Transfer Of Property Act (4 of 1882) S. 52 — Transferee pendente lite — Proceedings initiated against society by legal heirs of past member of Co-operative society on ground of illegal transfer of membership in favour of respondent — Purchasers of plot pendente lite, not verified records of society — They cannot be termed as bona fide purchasers — They would be bound by result of proceedings — They would be entitled to any relief in writ petition against such order (Para 29)