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2002 Supreme(Guj) 567

J.N.PATEL
GORDHANBHAI N. VAGHELA – Appellant
Versus
MARUTI CO OPERATIVE HOUSING SOCEITY – Respondent


Advocates Appeared: B.S.SUPEHIA, BHARAT T.RAO

JAYANT PATEL, J.

( 1 ) SINCE in both these petitions the facts are common and rather inter-connected, they are being dealt with together.

( 2 ) THE common facts are that one Smt. Pallaviben and one Shri Shirishbhai were the members of Maruti Cooperative Housing Society Limited (hereinafter referred to as "respondent society ). It is the case of the petitioner that the said Pallaviben and Shirishbhai (hereinafter referred to as "original members") had executed a power of attorney in favour of one Smt. Maltiben, who was looking after the affairs of Pallaviben, since Pallaviben, as per the contention of the petitioners, is residing in the USA. The original members were allotted Plot No. 6 with tenement by the society in capacity as the members of the society. The said Maltiben, who in her capacity of power of attorney holder of the original members had initially entered into an agreement somewhere in the month of January, 1988 with one Dayaljibhai N. Vaghela. However, the other members of the Society and the office-bearers were not happy with the said agreement to sell and it is the contention of the petitioners that upon the requirements of the society, on 23-1-1988 a letter was submi




















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