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Supreme Court of India 2019-01-30 dismissed

DELHI DAYALBAGH COOPERATIVE HOUSE BUILDING SOCIETY LTD vs REGISTRAR COOPERATIVE SOCIETIES

Bench: 2 — A.M. Khanwilkar, Ajay Rastogi

In Brief

A cooperative housing society acquired Government land in 1957 and allotted plots to members by registered sale deeds. When members later sold plots to non-members, the society sought to cancel those sales on grounds that its bye-laws prohibited transfer to non-members. The Supreme Court held that the society's bye-laws cannot override the Delhi Cooperative Societies Act, 2003, which protects purchasers' membership rights and restricts the Arbitrator's jurisdiction to examine registered instruments. The validity of registered sale deeds must be tested in civil courts, not in cooperative forums. Appeals dismissed.

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Cooperative Societies Real Property Law Land Acquisition Membership Rights Dispute Resolution

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