1973 Supreme(Bom) 55
V.S.DESHPANDE, DUDHIA
Murlidhar Vishnu Choudhari – Appellant
Versus
Chief Executive Office, Zilla Parishad and others – Respondent
JUDGMENT - V.S. DESHPANDE, J.:---Respondent No. 7, hereinafter referred to as "the society" defendant No. 3 is a Housing Society, registered under the Maharashtra Co-operative Societies Act (hereinafter referred to as "the Act") as a tenant co-partnership type of Housing Society. The petitioner, hereinafter referred to as the disputant or licensor is a member of the said society. Respondents Nos. 5 and 6 are hereinafter referred to as defendants 1 and 2 or licensees and are not the members of the society. Cousin of the disputant one Miss. Gool Chugani purchased Flat No. 26 on the 5th floor of the building of this society and held it as a member thereof. Defendants 1 and 2 obtained the said flat on leave and licence basis from her in the year 1964. Defendants No. 2 is the proprietor of defendant No. 1 concern. In the month of January 1966, Mrs. Gool transferred her membership and right, title and interest in the society and the flat in dispute to the disputant. After revoking licence the disputant raised a dispute by an application dated 1st September, 1967 before the District Deputy Registrar, Co-operative Societies, Bombay, and claimed possession of the flat and arrears of compens
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