A. JITENDRANA TH versus JUBILEE HILLS COOP. HOUSE BLD. SOC. AND ANR.

Citation: [2006] SUPP. 1 S.C.R. 702 · Decided: 02-05-2006 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Disposed off

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Judgment (excerpt)

A 
B 
A. JITENDRANA TH 
v. 
JUBILEE HILLS COOP. HOUSE BLD. SOC. AND ANR. 
MAY 2, 2006 
[S.B. SINHA AND P.P. NAOLEKAR, JJ.] 
Constitution of India-Article 142-Registration Act, 1908-Section 
47-Provisional allotment of a plot of land made to a member by Cooperative 
C Society--On non-payment of development charges within stipulated time, 
Society allotted the plot to another member-Original a/lo/lee seeking 
allotment of an alternative plot refused by the Society-Original allottee 
filed an application before Registrar, without impleading the subsequent 
allottee, for allotment of the original plot or an alternative plot-Registrar 
passed an award directing the Society to allot the original plot to the 
D original alloltee--Society registered the original plot in favour of subsequent 
allottee-Suit filed by subsequent allottee against Society, without impleading 
original allottee, for transfer of membership-Trial Court decreed the suit in 
favour of the subsequent a/101tee-Execution petition filed by purchaser from 
subsequent al/ottee before trial court---Original allottee also filed execution 
petition for execution of the award of the Registrar-Trial Court dismissed 
E the execution petition of the original allottee-Appeal by original allottee 
before Appellate Court was allowed-High Court allowed the Revision filed 
by subsequent allottee holding that on registration of the sale deed, the 
right, title and interest shall pass on to the purchaser from the date of 
execution and not from the date of registration-Correctness of-Held, in 
F law, right, title or interest in property shall pass on with retrospective effect 
i.e. from the date of.execution and not from the date of registration-
Provisional allollee does not get a legal right for allotment of the plot-
Award passed without impleading a necessary party is violation ofprinciples 
of natural justice and is a nullity and hence the principle of res judicata will 
not apply-Courts cannot pass an order directing the Society to allot an 
G alternative plot by causing injustice to others-Hence, the Society is directed 
to refund the money to original allottee with 24% interest-Society also 
directed to pay compensation to original allottee and purchaser from 
subsequent a/lo/lee for making false representation before the Court. 
H 
702 
A. JITENDRANA TH v. JUBILEE HILLS COOP. HOUSE BLD. SOC. 
703 
Father of one S and ·the mother of the appellant were members of first- A 
respondent Society. The mother of the appellant died and it was not notified to 
the Society. The Society made a provisional allotment of a plot ofland in favour 
of the mother of the appellant subject to payment of development charges within 
a stipulated date. The Society cancelled the provisional allotment since the 
payment was not made even after granting an extension of time. The Society 
allotted the plot in favour of S. The appellant thereafter communicated to the B 
Society intimating the death of his mother and sought membership of the 
Society by way of transfer. The appellant requested the Society to allot 
alternative plot ofland to him since the original plot was given to S. The Society 
executed a Sale Deed in favour of S for the original plot given and presented 
it for registration. The Society admitted the appellant as a member of the C 
Society but declined to make allotment of plot to the appellant. 
The appellant filed an application before Assistant Registrar of 
Cooperative Society to declare that he is entitled to allotment or original plot 
or allot an alternative plot. The appellant did not implead Sas a party. The 
Society, in response to the notice of the Registrar, stated that the original D 
plot was allotted to Sand he had already constructed a house on it. On personal 
inspection of the site, when the Registrar found that no house was constructed 
on the original plot, he made an award in favour of the appellant directing the 
Society to allot the original plot. Pursuant to the award, the appellant paid all 
the amounts payable. Despite the award, the Society registered the original E 
plot in favour of S. 
The Society field an appeal before Cooperative Tribunal challenging the 
award. S filed a suit against the Society before trial court since the transfer 
of membership was not intimated to him. S did not implead the appellant in 
the suit. During pendency of the suit, S transferred his right, title and p 
interest in favour of second respondent who filed an appl

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