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1988 Supreme(SC) 600

A.P.SEN, B.C.RAY
Sardar Mohan Singh Ahluwalta – Appellant
Versus
Maitrai Park Co-operative Housing Society LTD. – Respondent


Advocates:
D.R.THADANI, GIRISH CHANDRA, N.N.KESHVANI, R.N.KESHWANI

JUDGMENT

B. C. RAY, J.:— The Maitrai Park Co-operative Housing Society Ltd. has filed a dispute before the first Co-operative Court, Bombay stating inter alia that the opposite party No. 1 Smt. Mohini R. Adwani who is a member of the society and was allotted flat No. 15 in Societies, F building in scheme No. 1 at Chembur Bombay 71 inducted the appellant opposite party No. 2 without obtaining the prior written consent of the society in May 1969, on the basis of a leave and licence agreement for a period of 11 months. The said society Maitrai Co-operative Housing Society Ltd. was divided into two units that is Maitrai Park Co-op. Housing Society Ltd., Chembur which is the owner of the building in Scheme No. I including Building No. F and the Maitrai Bijoy Co-op. Housing Society Ltd. Chembur-74 Scheme No. 2, by order of the Assistant Registrar Co-operative Housing Society Ltd., Bombay. By virtue of the division of the society the assets and liabilities so far as scheme No. 1 were taken over by the present disputant society, that is Maitrai Park Co-operative Housing Society Ltd. and the members in respect of the said building in scheme No. 1 automatically became members of the society






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