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SANDEEP V. MARNE
Shetkari Sahakari Sangh Ltd. Kolhapur – Appellant
Versus
Dilip Shankarrao Patil – Respondent
JUDGMENT
The Challenge
1. Appellant has filed this Appeal challenging the Judgment and Decree dated 29 June 2022 passed by the District Court, Kolhapur dismissing Regular Civil Appeal No. 313 of 2019 and confirming the Judgment and Decree dated 9 October 2019 passed by the Civil Judge Senior Division, Kolhapur in Regular Civil Suit No. 448/2005. The Trial Court has decreed the suit and has directed the Appellant-Defendant to handover possession of the suit property to Plaintiff/Respondent in addition to conduct of enquiry in respect of mesne profits under Order 20 Rule 12 Code of Civil Procedure, 1908 w.e.f. 31 May 2005 till delivery of possession.
Facts
2. First floor alongwith its attic located in the three storied building at C.T.S. No. 3056, Tarabai Road, Kolhapur is the suit property. The suit property was owned by Ramrao Mahadev Misal, which was leased to the Defendants, which is Shetakari Sahakari Sangh Ltd., a Cooperative Society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (MCS Act). It is contended that the period of lease expired on 31 October 2002. Original Plaintiff-Ramrao Mahadev Misal filed Regular Civil Suit No. 448/2005 in the Cou
A Cooperative Society is not a Corporation established by or under a Central or State Act, thus it is subject to the provisions of the Maharashtra Rent Control Act.
The Maharashtra Rent Control Act's exemption under Section 3(1)(b) applies to the premises themselves, meaning that if the head tenant is excluded from protection due to financial criteria, the sub-t....
Judicial admissions by a party regarding tenancy are binding and do not require further proof, establishing the landlord-tenant relationship despite statutory protections.
The Uttar Pradesh Ceiling on Property Act's exemptions for certain entities were upheld as constitutional, affirming the need for maintaining public good by preventing wealth concentration.
The conversion of a Panchayat to a Municipality does not require a new notification under the Rent Act; the Act continues to apply to all areas defined in its Schedule regardless of subsequent change....
The central legal point established in the judgment is that the Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Trib....
The court established that an exemption from the provisions of the Bombay Tenancy and Agricultural Lands Act must be issued by the State Government through a formal notification, and that failure to ....
Cooperative housing societies are neither classified as 'industries' under the ID Act nor 'establishments' under the PG Act due to their focus on maintenance without systematic commercial activity.
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