JUDGMENT

SAIKIA, J.— This appeal by special leave is from the judgment and order of the High Court of Bombay dated April 24, 1989 in Writ Petition No. 4118 of 1986 dismissing the petition.

2. Respondent 2 Shyam Cooperative Housing Society Ltd. was a tenant co-partnership cooperative society (for short, the Society) and Panjumal H. Advani late father of respondent 1 (for short, Advani) was its tenant co-partner member. By an application dated June 10, 1969, Advani obtained permission of the Society to induct the appellant temporarily into his flat and accordingly, the appellant took on rent from Advani Flat No. 24, Block No. 1, second floor, Nanik Niwas, situate at Bhulabhai Desai Road, Bombay (for short, the flat) on a monthly rent of Rs 1000 (Rupees one thousand) on June 10, 1969. On the same date the appellant, under the Societys rules, applied for its nominal membership stating, inter alia, that he intended to take the flat for temporary use and occupation; that he would not claim any right of permanent nature; and that he would vacate the flat on receipt of notice thereof. By an agreement of leave and licence dated June 11, 1969 entered into between the appellant and Advani, the