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1982 Supreme(SC) 105

A.P.SEN, E.S.VENKATARAMIAH, M.FAZAL ALI SYED
O. N. Bhatnagar – Appellant
Versus
Rukibai Narsindas – Respondent


Judgment-

SEN

( 1 ) THIS appeal by special leave directed against the judgment of the Bombay High Court dated 21/04/1981 raises a question of some importance. The question is whether a claim for ejectment of an occupant of a flat by a housing co-operative society, who had been let into possession of the premises under an agreement of leave and licence executed between him and a member of the society, by virtue of his being a nominal member thereof, is a dispute touching the business of the society. within the meaning of sub-s. (1) of S. 91 of the Maharashtra Co-operative Societies Act, 1960 (for short the Act ).

( 2 ) THE material facts giving rise to this appeal are as follows. The respondent No. 2 herein, Shyam Co-operative Housing Society Limited is constituted under the provisions of the Maharashtra Co-operative Societies Act, 1960 as a tenant co-partnership type housing society to which Regulations in Form-A apply viz. , Regulations relating to tenancies to be granted by the society to members in, respect of houses held by the society. It owns and manages two housing colonies known as shyam Niwas and navik Niwas at Warden Road, Bombay. The society continues to be governed by Reg
















































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