Judgment

AHMADI, J.:- Special leave granted.

Can a licensee occupying a flat in a tenantco-partnership society be evicted therefrom under sub-section (1) of Section 91 of the Maharashtra Co-operative Societies Act, 1960 (Act No. XXIV of 1961), hereinafter called the Societies Act, notwithstanding the protection extended by S. 15A of the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 (Act No. LVII of 1947), hereinafter called the Rent Act, as amended by Act XVII of 1973 or whether such proceedings would be governed by S. 28 of the Rent Act? That is the question which arises for our determination in the context of the fact that the appellant licensee claimed to be in actual possession of the flat on 1st February, 1973, under a subsisting licence, albeit without the express permission of the society. The factual matrix in which this question needs to be answered may be briefly stated as under :

The Vishwa Co-operative Housing Society Ltd., respondent No. 1 hereinafter called the Society, was registered sometime in 1948 under the provisions of the Bombay Cooperative Societies Act, 1925 and is deemed to be registered by virtue of S. 166(2) under the present Societies Act. On 2