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1965 Supreme(Bom) 133

H.K.CHAINANI, S.P.KOTVAL
Omparkash Gowardhandas Singhania and Anr. – Appellant
Versus
G. V. Koimatlur and Anr. – Respondent


JUDGMENT - Chainani, C.J.

(1) The petitioners, are members of a Co-operative Housing society Opponent No. 2. Their mother was alloted a plot by the Society. This was subsequentl;y transferred to the petitioners. The by-laws of the Society were amended and a new by-law No. 11A was added. This by-law emplowers the Society to forfeit a plot if the member, to whom it is allotted, does not start construction of a house on the plot and does not complete the work of construction within the period mentioned in this by-law of such further period as may be approved by the managing committee on valid grounds. Under this by-law the petitioners plot was forfeited by the Society, The petitioners then raised a dispute before the Registrar under Section 91 of the Maharashtra Co-operative Societies Act. In their application they prayed that by-law 11A should be declared to be ultra vires of the provisions of the Act, otherwise bad in law and not binding on the petitioners and also that the forfeiture of their plot was bad in law, void and not binding on them. They also claimed other incidental reliefs. The first by-law made by a Society require the approval of the Registrar under S. 9 of the Act. U









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