Registrar
jach000019
(Querist) 05 October 2011
This query is : Resolved
IN THE PROCEEDING AGAINST THE CO-OP. HSG. SOC. DY. REGISTRAR DECLARED ME AS THE MEMBER OF THE SOCIETY BUT IN THIS PROCEEDING MY ELDER BROTHER WAS NOT THE PARTY THOUGH ALL HIS OBJECTION MADE TO THE SOCIETY FOR NOT GIVING ME THE MEMBERS WERE KEPT BEFORE THE DY. REGISTRAR BUT AFTER CONSIDERING THE DOCUMENTS/EVIDENCE DY. REG. GAVE THE DECISION IN MY FAVOUR.
AGGRIEVED BY THIS MY ELDER BROTHER FILLED THE REVISION APPLICATION BEFORE THE JOINT.REGISTRAR U/S 154
JOINT REGISTRAR FINALLY MATTER REMANDED BACK TO THE DY. REGISTRAR FOR RECONSIDERATION THAT TOO AFTER MAKING MY BROTHER AS PARTY.
AGAIN AT DY. REGISTRAR WE ALL MYSELF,SOC. AND MY ELDER BROTHER ARGUED AND KEPT ALL THE EVIDENCE AND AFTER CONSIDERING ALL THE ARGUMENTS AND EVIDENCE DY.REGISTRAR ISSUED THE ORDER IN MY FAVOUR SO NOW THE QUESTION IS AGAIN AGGRIEVED BY THIS :
(1)CAN MY ELDER BROTHER AGAIN FILE THE REVISION AT JOINT REGISTRAR U/S 154 MY ADVOCATE IS SAYING THAT HE CAN NOT FILE BECAUSE THSI SECTION CAN NOT BE STILISED SECOND TIME NOW MY BROTHER HAS TO APPROACH ONLY TO THE HIGH COURT SO IS IT RIGHT ?
(2AS I WANT TO SUB-LET THIS PREMISES FOR MONETARY BENEFIT BECAUSE PREMISES IS SOLELY IN MY POSSESSION AND IF MY BROTHER IS ELIGIBLE TO FILE THE REVISION AGAIN AT JT.REGISTRAR THAN IS JT.REGISTRAR IS EMPOWERED TO ISSUE, STAY ORDER FOR SUB-LETTING OF MY FLAT PREMISES IS THIS GROUND COMES UNDER THE JURISDICTION OF JOINT REGISTRAR ?
(3) IS THE SECOND TIME REVISION IF ENTERED UNDER THE SAME SECTION AND IN THE SAME COURT THAT IS JT.REGISTRAR IS MAINTAINABLE ?
THANKS
Raj Kumar Makkad
(Expert) 05 October 2011
1. There is no bar to file second time revision under section 154.
2. No. He cannot in the given facts.
3. Yes. Your 1 & 3 points are same.
prabhakar singh
(Expert) 05 October 2011
[1&3]yes, your brother can invoked the jurisdiction again against impugned order by filing revision again under section 154.There is no bar.
2.]Not before registrar but possibility before civil court can not be ruled out ,though chances of grant relief in view of facts and circumstances stated by you are least.
ajay sethi
(Expert) 06 October 2011
repeated query
