1. Both these petitions take exception to the judgment and order dated 12 October 1990 made by the Maharashtra State Co-operative Appellate Court, Bombay, partly allowing the petitioner's appeal against judgment and award dated 28 August 1989 made by Cooperative Court No.II, Pune.

2. The Writ Petition No. 5476 of 1990 is directed against the entire judgment and order dated 12 October 1990, whereas, Writ Petition No.1497 of 1992 , which is preferred by Shivaji Co-operative Housing Society Limited (Society) is directed against that portion of the impugned judgment and order which requires the Society to pay to the petitioner the value of structure put up by the petitioner on terrace of bungalow in plot No.32. Accordingly, both the petitions are taken up for disposal together.

3. The Society, which is a 'Tenant Ownership Cooperative Housing Society' deemed to have been registered under the Maharashtra Cooperative Societies Act, 1960 (said Act) had allotted Plot No.32 to Shri. S.P. Gupte (respondent No.2) in Writ Petition No. 5476 of 1990 for purposes of construction of a residential bungalow. On 2 July 1979, Gupte entered into an agreement for grant of lease of Terrace space of