JUDGMENT - V.S. DESHPANDE, C, J.:---Respondent No. 1 (hereinafter referred to as "the licensee") filed a miscellaneous petition in this Court under Article 226 of the Constitution of India challenging the validity of "reference" of the dispute made by respondent No. 2, Deputy Registrar, under section 91 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act") to respondent No. 3, the Co-operative Court, raised jointly by appellant No. 1, the Co-operative Housing Society and appellant No. 2 its member.

2. The disputant raised this dispute on 15th September, 1975, for possession of Flat No. 6, held by the member in the building owned by the society, and compensation for its use against the licensee. The flat was purchased by the member form the builders in or about the year 1964 before the society was incorporated in 1965 and conveyance of the building was executed in its favour. The member was required to leave Bombay due to exigencies of her husbands employment and the flat came to be occupied by the licensee on leave an licence basis under an agreement, dated 1st September, 1972. It was initially for 11 months with option to the licensee to r

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