2002 Supreme(Bom) 675
A.M.KHANWILKAR
Husainali Haji Esmail Badaksha – Appellant
Versus
Radhe Shyam Co-operative Housing Society Ltd. & another – Respondent
JUDGMENT - KHANWILKAR A.M., J.:---This writ petition under Article 227 of the Constitution of India takes exception to the order passed by the Maharashtra State Co-operative Appellate Court dated August 17, 1990 in Appeal No. 119 of 1988. The petitioner claims to be in possession of portion of premises bearing flat No. 12 in Geetanjali near Radio Club, Colaba, Mumbai 400 005. According to the petitioner, he was put in possession of that portion of the premises by one Mr. Punwani who was the member of the respondent-society and was allottee of that flat. It is not in dispute that the respondent society is a Tenant Co-operative Housing Society, of which said Punwani was the member. It was noticed by the respondent society that the occupation of the portion of the suit flat by the petitioner was a source of nuisance to the neighbours and also that the petitioner was inducted without obtaining prior permission of the society; therefore, the society by notice dated January 4, 1972 called upon its member Shri Punwani to take immediate remedial steps to get the flat vacated and to occupy the same himself so as to avoid nuisance caused to the members of the society. Pursuant to the said no
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