Machhindranath Kundlik Tarade vs Ramchandra Gangadhar Dhamne 2025 INSC 795 -Maharashtra Co-operative Societies Act - Void and Voidable
Maharashtra Co-operative Societies Act, 1960 - Section 48 - Alienation of any such property on which a charge is created in favour of the concerned cooperative society by way of declaration is totally beyond the capacity of the owner/member who has declared it as a charged property, until the amount, for which the charge was created along with the interest, is repaid in full. However, even if a part of the amount due is paid then a society may, on an application moved by the member, release from charge such part of the property, as it may deem proper having regard to the outstanding amount (Para 20) - Section 48(e) of the Act declares void any transaction by a member-loanee against the society, where he/she alienates such immovable property on which a charge is created under declaration. Thus, the primal purpose is to safeguard the interest of the society which advanced the loan. As a corollary, the right to sue or get a declaration qua any alienation made by a loanee rests and is available only to the society in favour of whom the property under a declaration was charged. It would, therefore, not be within the domain of the member- loanee who himself commits a breach to take a stand that the act done by him should be declared void, without the society coming forward before an appropriate forum to set aside such alienation. The law cannot, and does not, reward a person for his/her own wrongs
Legal Maxims - Ex injuria sua nemo habere debet- No party can take advantage of his/her own wrong - Referred t0 In Kusheshwar Prasad Singh v State of Bihar, (2007) 11 SCC 447 and Ram Pyare v Ram Narain, (1985) 2 SCC 162- It would not be proper for a Court of law to assist or aid such person who states that the wrong he committed be set aside and a relief be granted de hors the wrong committed, after condoning the same. In the present case, the plaintiff cannot be allowed to benefit from his own wrong and the Court will not be a party to a perpetuation of illegality. (Para 32)
Words and Phrases - Distinction between ‘void’ and ‘voidable’ - Dhurandhar Prasad Singh v Jai Prakash University, (2001) 6 SCC 534.
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