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, reads as under :---

"Any member desiring to let, sub-let or give on care taker or Leave and Licence basis his/her unit and/or premises or any portion thereof, which shall not be unreasonably withheld, shall obtain permission, in writing, from the Managing Committee and shall pay additional taxes, as may be levied by the Municipal Corporation."

The said bye-law was sought to be amended in the year 1999, which amendment has been registered by the Assistant Registrar of the Co-operative Societies on 12th April, 1999 in exercise of powers granted under section 13 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the 'Act'). The said amended bye-law reads as follows :---

"Any member desiring to let, sub-let or give on caretaker or Leave and Licence basis his/her unit and or premises or any portion thereof, which shall not be unreasonably withheld, shall obtain permission in writing, from the Managing Committee and shall pay additional taxes as may be levied by the Municipal Corporation and shall also pay to the society non-occupancy charges as may be decided by the General Body from time to time as permitted under existing law". (Emphasis supplied).

The underlined portion referred to above came to the inserted by the said amendment.

9. Being aggrieved by the order registering the said amendment, respondent Nos. 1 to 3 preferred an appeal under section 152 of the Act. The said appeal has been allowed, as aforesaid, by the Divisional Joint Registrar, which order is the subject matter of challenge in the present writ petition.

10. Learned Counsel for the petitioner society argues that the appeal presented before the Divisional Joint Registrar at the instance of respondent Nos. 1 to 3 under section 152 of the Act challenging the order of the Assistant Registrar dated 12th April, 1999 registering the amendment in the bye laws was not maintainable in law. The submission is two fold. In the first place, it is submitted that the appeal against such an order was not maintainable under section 152 of the Act ; inasmuch as, the appeal would lie only against an order refusing to register the amendment to the bye law of the society and not against the order which registers the amendment of the bye laws. The second limb of argument is that respondent Nos. 1 to 3 being members of the petitioner society were not entitled to challenge the said bye law of the petitioner society. Learned Counsel further contends that by virtue of sub-section (4) of section 152 of the said Act, no appeal would lie against an order registering the amendment of bye law, passed in exercise of powers under section 13 of the Act, unless such an order is not in accordance with the provisions of the Act. Learned Counsel further submits that assuming that the said respon

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