JUDGMENT - A.V. SAVANT, J.:---Heard both the learned Counsel; Shri Jhangiani for the petitioners (original opponent in the trial Court) and Shri Chabria for respondent No. 1 Smt. Talpade (original disputant No. 2). None appears for respondent No. 2 Co-operative Housing Society (Original disputant No.1) though served.

2.This petition of 1989 seeks to challenge the order dated 28th February, 1989 passed by the Co-operative Appellate Court by which Appeal No. 13 of 1989 filed by respondent No. 1 Smt. Talpade was allowed. In the result the order dated 31st October, 1988 passed by the Co-operative Court, Mumbai holding that the dispute lodged by opponents on 11th September, 1978 in the Co-operative Court was not maintainable in the Co-operative Court for want of jurisdiction was set aside. A few relevant facts may be stated for appreciating the short controversy as to whether the Co-operative Court will have jurisdiction to entertain the dispute in view of the provisions of section 91 of the Maharashtra Co-operative Societies Act, 1960 (for short "Societies Act") and section 28 of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (for short "Rent Act").

3.The first resp

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