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2007 Supreme(SC) 1458

B.N.AGARWAL, P.P.NAOLEKAR
ANITA ENTERPRISES – Appellant
Versus
BELFER COOP. HOUSING SOCIETY LTD. – Respondent


Judgement Key Points

Key Points: - [1000422380027] - [1000422380034] - [1000422380035] - [1000422380036] - [1000422380037] - [1000422380038]

What is the status of a member in a tenant co-partnership housing society: is the member a tenant or landlord under the Rent Act?

What is the validity and effect of a member transferring tenancy rights to non-members in violation of Section 29(2) of the Maharashtra Societies Act?

Can disputes regarding the legality of creation of a tenancy or transfer by a member be adjudicated under Section 91 of the Societies Act, or must a separate civil suit be filed first?


B. N. AGRAWAL, J.

( 1 ) THESE appeals by special leave have been filed against separate orders rendered by a division Bench of the Bombay High Court in letters Patent Appeals whereby the same have been dismissed as not maintainable, thereby confirming the common judgment rendered by a learned Single Judge of the High court in three writ petitions filed under Article 227 of the Constitution of India [hereinafter referred to as 'the Constitution'].

( 2 ) THE facts, in brief, are that the Belfer Cooperative Housing Society limited, Bandra [west], Mumbai, respondent No. 1 in Civil appeal Nos. 2990-2991 of 2005, [hereinafter referred to as 'the Society'], which was a tenant co-partnership housing society, held both lands and flats constructed thereon and Dr. Gopal Mahadeo Dhadphale, respondent No. 2 in the said appeals [hereinafter referred to as 'the member'] was admitted as member of the Society in the year 1962 and flat No. 4 on the ground floor was allotted to him. On 3. 6. 1982, the member inducted M/s. Anita enterprises, appellant No. 1 in the said appeals, in room No. 2 of the said flat on a monthly rental of Rs. 1000/- and on 3. 10. 1983 the appellant aforementioned was induct




















































































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