1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 982 of 2000 RATAN LAL V/S RAJ.STATE CO-OP.TRIBUNAL & ORS. Mr. K.N. JOSHI, for the appellant / petitioner Mr. D.C. SHARMA, for the respondent-Society. Date of Order : 7.7.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI GOVIND MATHUR,J. ORDER ----- Heard learned counsel for the parties. Learned Single judge has dismissed the appellants writ seeking to challenge the order of the Tribunal by holding that the membership of the petitioner is not cancelled and substantial justice has been done to the petitioner, and therefore, interference has been declined. The controversy lies in very narrow compass in as much as the society acquired certain land for the members for the purpose of group housing wherein plots were earmarked and to be alloted by lottery. However, at the time when the lottery was drawn the appellant did not fulfill the eligibility condition as he was having no 2 house built by himself. Subsequently, on 17.6.1983 the appellant's wife executed a relinquishment deed in favour of other family members and thus, the appellant claims to have acquired eligibility to get the plot. Since in the original lottery plot No.4 was alloted to the appellant but on account of the ineligibility said plot could not be given to him and on his acquiring eligibility he was found to be entitled to be allotted another plot in the said land. The Arbitrator and the Tribunal have found that the membership of the appellant had not been cancelled and his entitlement to the plot could be considered only on the date he acquired eligibility by execution of relinquishment deeds and can be allotted such plot as may be available on the date of his acquiring eligibility. Thus, the right of the appellant to get one plot in the society has not been denied and the only controversy is regarding identity of plot to which the appellant is entitled. In our view on this aspect the findings recorded by the authorities below and the learned Single Judge are not required to be interfered by this Court in the appeal and therefore the appeal is dismissed. Regarding giving of alternate plot Mr. Joshi submitted that time frame may be laid down. Mr. Sharma submits that society will give the plot to the appellant 3 within a period of two months. Accordingly, this statement is recorded. ( GOVIND MATHUR ),J. ( N P GUPTA ),J. /jgoyal /