Judgment

SINHA, C.J.I. : This appeal on a certificate granted by the High Court of Judicature at Bombay is directed against the Judgment and order of a Division Bench of that Court, dated March 12, 1959, reversing those of the Judge of the Bombay Civil Court, passed in Chamber Summons, in Arbitration Case No. A.B.N./C.H.O.-2310/88 of 1954-55.

2. It is necessary to state the following facts in order to bring out the points in controversy between the parties. The Happy Home Co-operative Housing Society Ltd.,-Hereinafter referred to as the Society -was registered in February 1949. It obtained a lease of a piece of land measuring about 12 thousand sq. yards, situated at Nehru Road, Vile Parle (East) Bombay. The Society divided this land into 17 plots to be allotted to each one of its members for building purposes. A member was under the obligation of payment of premium, annual rent of Re. 1, and other incidental charges and to construct a house on the plot. The Society advanced loans to the members to enable them to construct their houses. The premium in respect of the land and the loan advanced, as aforesaid together with interest, was repayable in monthly instalments. Accordingly Plot No. 10, measuring about 676 sq. yds. was allotted to the appellant, and other plots were similarly allotted to other members for constructing their respective houses. Through the agency of the Society, the appellant constructed a house on his plot. The construction was completed and the appellant occupied the building on or about May 1, 1951. The sum of Rs. 25,922 odd was advanced by way of loan, to the appellant. An agreement, dated March 26, 1952, was entered into between the appellant and the Society in respect of the loan aforesaid, and the document was duly registered on May 27, 1952. The agreement between the appellant and the Society provided that the amount of loan aforesaid advanced to the appellant should be repaid in 366 or smaller monthly instalments, and after the entire amount of the loan had been repaid, the Society would execute a sub-lease in respect of Plot No. 10 in favour of the appellant. It was further stipulated that in the event of default in the payment of an instalment, fixed in the agreement, the Society had the right to determine the Agreement, and thereupon any amounts already paid would be forfeited to the Society, and the member was to surrender the property and give vacant possession of the premises to the Society. It appears that no instalment was paid by the appellant with the result that on August 26, l954, the Society gave notice to him, calling upon him to give vacant possession of the premises, but the appellant did not comply with the notice. In view of the persistent refusal of the appellant to comply with the terms of the agreement, the Society referred the dispute with the appellant, under S. 54 of the Bombay Cooperative Societies Act (Bombay Act VII of 1925) which hereinafter will be referred to as the Act, to the Registrar for decision by himself or his nominee. The said dispute was heard and decided by a Committee of Arbitrators, appointed by the Registrar, Cooperative Societies, consisting of three gentlemen, (1) a nominee of the Society as Plaintiff, (2) a nominee of the Appellant, as defendant, and (3) a nominee of the Registrar, who was to be the Chairman. The said Committee of Arbitration, by majority, gave an award in favour of the Society to the effect that the appellant do deliver vacant possession of Plot No. 10, along with the house, to the Society and pay Rs. 150 per month as compensation for unauthorised use and occupation of the premises from October 1, 1954, to the date of the delivery of vacant possession. The appellant was also made liable for payment of costs of the arbitration proceedings. Thereupon the appellant made a revisional application to the Bombay Co-operative Tribunal, contending that the dispute between the Society and himself was essentially a dispute between landlord and tena