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A.P.SEN, B.C.RAY
A. V. R. And Company – Appellant
Versus
Fairfield Co-operative Housing Society LTD. – Respondent
Question 1? Question 2? Question 3?
Key Points: - The appellant contends licensees may acquire deemed tenancy rights under Sec. 15A read with Sec. 5(4A) Bombay Rent Act, and seeks applicability of Rent Act provisions to occupancy status. (!) (!) - Whether the dispute regarding eviction of unauthorised occupants/tenants of a co-operative housing society falls under Section 91(l) Maharashtra Co-operative Societies Act (Co-operative Court) or under the Bombay Rent Act Small Causes Court, given the status as licencees through a member. (!) (!) - Judicial harmonization of Mumbai Rent Act and Maharashtra Co-operative Societies Act: when Rent Act provisions apply versus exclusive Co-operative Court jurisdiction, especially for disputes involving licencees and non-members claiming through a member. (!) (!) - Co-operative Society's right to seek possession of a flat and the status of occupants who are licencees as distinct from statutory tenants. (!) (!) - Validity of the claim that non-members claiming through a member are governed by S. 91(l) and not by the Rent Act, and dismissal of the appeal confirming exclusive jurisdiction of Co-operative Court. (!) (!) - Court’s directions on stay of decree execution and conditions of possession pending six-month period. (!) (!)
JUDGMENT
B.C. RAY, J:— This Appeal by special leave is directed against the judgment and order dated 9th August 1983 passed in Writ Petition No. 1907 of 1983* by the High Court of Judicature at Bombay dismissing the. writ petition and confirming the judgments and orders by the Maharashtra Co-operative Appellate Tribunal made in Appeal No. 280 of 1978 and by 2nd Co-operative Court, Greater Bombay allowing the application of respondent Co-operative Society filed under See. 91(l) of Maharashtra Co-operative Societies Act, 1960 directing eviction of the respondent No. 2, member of the Society as well as the appellants Nos. 1 and 2 who are trespassers from its flat No. 7 in the building of the disputants "Fairfield," Churchgate Reclamation, Bombay 20. The facts giving rise to the present appeal are that the respondent "Fairfield Co-operative Housing Society" which is a "Tenant Co-partnership Housing Society" under Registration No. B 1412 of 1955 owned the suit premises. The respondent No. 2 Smt. Vishni J. Kalwani as a member of the Society was allotted Flat No. 7 in the 1st Floor of the suit premises for residing therein with members of her family. The respondent No. 2 permitted the app
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