JUDGMENT :

1. By this petition filed under Article 227 of Constitution of India, challenge is to the judgment and order dated 4th February, 2019 passed in Appeal No.50 of 2018 by the Co-operative Court, Mumbai allowing the Appeal resulting in quashing and setting aside of the judgment dated 7th April, 2018 passed by the Trial Court in Dispute No.126 of 2006.

2. The facts required to be exposited is that Dispute bearing No. CC/I/126 of 2006 was filed by the Petitioner Society in the Co-operative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960 (MCS Act) seeking eviction of the Respondents from the room reserved by the Petitioner as servant quarters. The case of the petitioner was that initially one Diwalibai Hodiyar Waghela, who was the mother-in-law of the deceased Respondent No. 1 was working as a sweeper in the Society and during her employment she was given a residential accommodation free of charge by the Society in Room No.4, which is reserved by the Society for servant. The monthly salary was paid to her and the accommodation was free of charge which had electricity and water connection and the charges were paid by the Society. After the death of Diwal