JUDGMENT - Chandurkar M.N. J. : - The respondent No. 1, who is the owner of a flat in a building owned by the respondent No. 2, which is a Co-operative Housing Society, took a proceeding against the petitioner for possession of the flat on the ground that the petitioner, who was originally a licensee, was not entitled to be in possession because the licence was terminated. There is no dispute that under the provisions of section 91(2) of the Maharashtra Co-operative Societies Act, 1960, as it was then in force, the dispute was referred to the Officer on Special Duty by the Registrar for being dealt with. This dispute commenced on 15th March 1969. Prior to that, however, on 21-7-1968 the respondent No. 1(hereinafter referred to as “the landlord”) started ejectment proceeding under section 41 of the Presidency Small Cause Courts Act against the petitioner. It may be stated that this application for ejectment was dismissed for default on 16-8-1973. The petitioner had also made an application for fixation of standard rent before the Small Cause Court in 1969 alleging that he was a tenant. The rent agreed, according to him, was originally Rs. 300 per month. In that proceeding an order f

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