JUDGMENT - Chainani, C.J.

(1) Respondent No. 1 is the Konkan Co-operative Housing Society Ltd. Respondent No. 2 is an ordinary member of the Society. She was allotted block No. 71 in the buildings of the Society. On 25th September 1952, respondent No. 2 leased her tenement to the petitioner for a period of 12 months. At that time the petitioner was not required to be a member of the Society under the by-laws of the Society as they then existed. On 27-9-1953, the Society amended its by-laws, two of which were by-laws Nos. 7A and 67. Under by-law No. 67 as amended, a vacant tenement could be offered to a person, who was not a shareholder, if he became a nominal member of the Society. By-law No. 7A as amended provided that a person maybe admitted as a nominal member for the purpose of joint holding of shares along with an ordinary member or for the purpose of taking lease under by-law No. 67. These by-law were approved by the Registrar on 27th August, 1954. On 24th March 1954 respondent No. 2 made an application to the Society, in which she stated that she did not require block No. 71 allotted to her for her personal use and occupation "for the present" and that she therefore proposed

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