Bombay High Court
Malati Murthy
Versus
Asha V.Gupta
Decided On:

Headnote:Section 91-Civil Procedure Code, 1908-Section 144 and Order XXXVII -Maharashtra Co-operative Societies Rules-Rule 77-F-Transfer of Property Act, 1882-Section 54-Tenant Co-partnership Co-operative Housing Society Tenant Co-partner member- Bye-laws, Rules and Regulation of Society-Ex-parte award-Restoration application - Power and principle of restitution under Section 144, Civil Procedure Code- Proceedings before Co-operative Courts under Maharashtra Co-operative Societies Act-Applicability of Civil Procedure Code- Induction of a person in actual possession of the premises by a member of Society without authority of the Society- Without permission and consent of Society, unlawfully and illegally sub-letting-Allegation of collusion between member and the Society regarding fictitious person or a person put up by the member having no factual interest in the property-Consent decree Bona tide purchaser without notice of prior transaction-Question of trespasser-Held, Co operative Court bas power under Civil Procedure Code-Civil Procedure Code was applicable to proceedings under Co-operative Act of 1960 Dispute under Section 91 maintainable-possession not that of trespasser-Restitution application for possession allowed.

       For Citation : 1989 CTJ 403