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1973 Supreme(Bom) 54

V.S.DESHPANDE, C.L.DUDHIA
KALAWATI RAMCHAND MALANI – Appellant
Versus
SHANKAR RAO PATIL – Respondent


JUDGMENT

DESHPANDE J.-Respondent No.7, hereinafter referred to as 'the Society' defendant No. 3 is a Housing Society registered under the Maharashtra Cooperative Societies Act (hereinafter referred to as 'the Act') as a tenant co-partnership type of Housing Society. The petitioner, hereinafter referred to as 'the disputant or licensor' is a member of the said Society. Respondents Nos. 5 and 6 are hereinafter referred to as ‘defendants Nos. 1 and 2 or licensees' and are not the members of the Society. Cousin of the disputant one Mrs. Gool Chugani purchased flat No. 26 on the 5th floor of the building of this Society and held it as a member thereof. Defendants Nos. 1 and 2 obtained the said flat on leave and license basis from her in the year 1964. Defendant No.2 is the proprietor of defendant No. 1 concern. In the month of January 1966 Mrs. Gool transferred her membership and right, title and interest in the society and the flat in dispute to the disputant. After revoking. licence the disputant raised a dispute by an application dated September 1, 1967 before the District Deputy Registrar, Co-operative Societies, Bombay, and claimed possession of the flat and arrears of compensation




















































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