JUDGMENT - S.M. DAUD, J.:---This is a petition taking exception to the passing and confirmation of an award pursuant to the raising of a dispute under section 91 of the Maharashtra Co-operative Societies Act, 1960, hereinafter referred to as the "Act".

2. Points arising for determination in this petition have to be considered in the light of the following :---

Respondent No. 1- hereinafter to be referred to as the "Society" a Tenant Co-partnership Co-operative Housing Society was registered under the Act. It is the owner, manager and controller of a block of flats forming part of what is known as Building No. 'F'. The Society's ancestory goes back to what is known as "Maitri" Co-operative Housing Society Ltd." That Society had two Schemes, one at Chembur Bombay 400 071, and the other at Chembur-400 074. The said Society constructed buildings in both the Schemes. Respondent No. 2 hereinafter to be referred to as the "Member" was a member of the original society in Scheme No 1. As such member, she was in occupation of Flat No. 15 in 'F' building. The member inducted deceased petitioner hereinafter to be referred to as the "Occupant" into the flat. In August, 1972 the parent Society w

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