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1989 Supreme(Bom) 61

M.L.PENDSE, V.P.TIPNIS
Karvenagar Sahakari Griha Rachana Sanstha Maryadit & another – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - M.L. PENDSE, J.:---Petitioner No. 1-Karvenagar Sahakari Griha Rachana Sanstha Maryadit is a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act" and has been classified as a tenant ownership type of housing society within Rule 10 of the Maharashtra Co-operative Societies Rules 1961 (hereinafter referred to as "the Rules"). The society owns land which is divided into 27 plots which are leased out to members for the purpose of raising construction for personal use. The bye-laws of the Society, which are duly approved by the Registrar, prescribe that a member would be enrolled provided such member desires to construct a house on the allotted plot for his own use. The Society is entitled to decline enrollment of any member, in case the intention to construct a house is not bona fide. The bye laws further prescribe that a person would not be enrolled as member if he is already holding any other plot or any other building in any other society. The bye-laws prohibit letting out of the house constructed by the member on the allotted plot without prior permission of the Managing Committee. The plots to be all

































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