JUDGMENT

B.C. RAY, J.:— The member of society Mrs. Maya Inderson Israni who has been allotted the flat No. 62 on 6th floor of Nibhana Building by the disputant No. 2, the Nibhana Co-operative Housing Society Ltd. and the society filed a dispute before the Judge Fifth Co-operative Court at Bombay for recovery of possession of the said flat from the opponents who are the appellants in this appeal and for mesne profits in respect of the flat alleging inter alia that the appellants were inducted in the flat without the written consent of the Society as a licencee on the basis of a leave and licence agreement which was renewed from time to time till some time in 1972 and on lst October 1972, the member, that is, the respondent No. 2 terminated the licence and called upon the appellant to remove itself from the said flat. Thereafter an advocates Letter dated 1st October 1972 was sent by the respondent No. 2 to the appellant for vacating the flat. The appellant having failed to comply with the request a dispute was filed by the member as well as the Co-operative Society for eviction of the appellants from the flat, as well as for mesne profits. The plea of the appellants was that they wer