Housing society lease premiums capped by Section 79A directions; excess demands not enforceable 'dues'; membership grantable on statutory compliance despite conditional prior consent letter.

JUDGMENT :

AMIT BORKAR, J.

1. By this Petition filed under Article 227 of the Constitution of India, the petitioner Housing Society challenges the judgment and order dated 15 October 2025 passed by respondent No. 2 in Revision Application No. 192 of 2025. By the said order, respondent No. 2 confirmed the order dated 08 May 2025 passed by respondent No. 3 under Section 23(2) of the Maharashtra Cooperative Societies Act. Respondent No. 3 had allowed the Appeal preferred by respondent Nos. 4 and 5 and directed that they be granted membership of the petitioner society in respect of Plot No. 26. The present petition arises from these orders. The facts necessary for deciding the petition are set out below.

2. By an indenture of lease dated 29 July 1963 executed between the petitioner society and Shri Jayantilal Vadilal Gandhi and Smt. Pramila Jayantilal Gandhi, Plot No. 26 was leased to them for a period of 999 years. The lease contained conditions. It provided that the lessees shall not assign, underlet, or part with possession of the plot without prior written consent of the lessor. It further provided that in the event of any permitted transfer, a lease premium at the prescribed rate payable to the society would be a condition precedent for such transfer.

3. On 20 October 2012, the assignees of the original lessees addressed a letter to the petitioner seeking permission to sell the plot to a prospective purchaser. By letter dated 05 April 2013, the petitioner informed them that for processing transfer of Plot No. 26, the predecessor of respondent Nos. 4 and 5 was required to submit the necessary documents and pay transfer charges. Thereafter, on 03 July 2024, the predecessors of respondent Nos. 4 and 5 sought a No Objection Certificate to assign the plot to respondent Nos. 4 and 5 in terms of a settlement recorded in Suit No. 224 of 2021. They also requested confirmation that they were bona fide members and that the society had no objection to the proposed sale. By communication dated 12 July 2024, the society acknowledged them as bona fide members and lease holders. According to the petitioner, despite this position, a deed of assignment dated 01 August 2024 was executed in favour of respondent Nos. 4 and 5 without obtaining prior written permission of the society and without payment of lease premium as required under clause 2(14) of the lease. The petitioner contends that such assignment amounts to breach of the lease conditions.

4. On 11 October 2024, respondent Nos. 4 and 5 applied for membership of the petitioner society. The society considered their application in light of the lease conditions and rejected it. The society recorded that the assignment was in breach of clause 2.14 of the lease as no prior written No Objection Certificate had been obtained and the prescribed lease premium had not been paid.

5. After rejection of their application, respondent Nos. 4 and 5 filed Appeal No. 33 of 2024 before respondent No. 3. The petitioner opposed the appeal by filing a reply and reiterating that there was bre