JUDGMENT - A.M. KHANWILKAR, J.:---Rule.

2. By consent, Rule made returnable forthwith.

3. Respondents waive service.

4. By consent of the parties, the matter is taken up for hearing and final disposal.

5. Heard learned Counsel for the parties.

6. By this writ petition, the petitioners have taken exception to the order passed by the Divisional Joint Registrar, Co-operative Societies (Appeal) M.D. Mumbai, dated 9th October, 2000 in Appeal No. 101 of 1989.

7. The above numbered appeal was filed by respondent Nos. 1 to 3 challenging the order passed by the Assistant Registrar, Co-operative Societies, dated 12th April, 1999 approving the amendment in the bye law of the petitioner society. The said appeal has been allowed by the Divisional Joint Registrar. The Appellate Authority took a view that the amendment to the bye law of the petitioner society shall not be applicable to respondent Nos. 1 to 3 until they induct new tenants/renew or enter into fresh contract with the existing tenants and receive increased rents.

8. Before adverting to the rival submissions, it would be appropriate to advert to the relevant bye-law. The bye-law in question, as it stood prior to amendment, Bearing No. D.3.4,

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