ORAL JUDGMENT :- The petitioner was registered as a Co-operative Housing Society under the Bombay Co-operative Societies' Act, 1925 and is now deemed to have been registered under the Maharashtra Co-operative Societies' Act, 1960. The society is registered as a plot owners' Housing Society, the main object whereof is to constitute a body of persons who would be allotted residential flats on land leased out by the Municipal Corporation. The immovable property of the Society consists of a Housing Complex known as Sindhi Colony situated at Sion (West) in the F-North Ward of the Municipal Corporation. There 'are about 279 Row Houses in the Housing Complex, the owners whereof are allottees of plots and members of the petitioner. Row House 10-B/6 in the complex belonged to (i) Nanik Kishanchand Ahuja, (ii) Gopal Kishanchand Ahuja and (iii) Sajan Kishanchand Ahuja, who were members of the Cooperative Society. In token of their membership, they were allotted five shares. It has been stated that for about 40 years, the Row House was in exclusive possession of one Mansukhlal Rachh, who was a tenant. Mansukhlal Rachh instituted a declaratory suit in the Court of Small Causes at Mumbai, being

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