JUDGMENT - Patel, J.

1. This is a petition under Article 227 of the Constitution of India challencing the decision of the Maharashtra Co-operative Tribunal whereby it set aside the award made by the Registrars Nominee and remitted the matter for retrial. The short facts necessary for the purpose of the case may be state as follows: The Petitioner, who was the original opponent No.1 in the reference, is the owner of the flat consisting of three rooms and a kitchen on the ground floor of a building known as Mirabelle belonging to Mirabelle Co-operative Housing Society Ltd., which (was?) the original disputant in the reference. The petitioner purchases this flat essentially for his personal residence. However, because o \f certain difficulties in his way he could not occupy the said premises and he, therefore, gave the same to respondent No.1 as a licensee on June 9, 1962 for a period of eleven months. In November 1962 the Co-operative Society gave notice to the petitioner saving that respondent No.1 and the members of her family were a nuisance to the occupants of the building. The petitioner, therefore, called upon respondent No.1 to vacate the premises and deliver possession to him.

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