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1988 Supreme(Online)(SC) 24

B.C. RAY, A.P. SEN, JJ
A.V.R. & CO. & ORS. – Appellant
Versus
FAIRFIELD COOPERATIVE HOUSING SOCIETY LTD. & ORS – Respondent


Advocates:
For the Appellants/Petitioners: V.M. Tarkunde, S.K. Dholakia, Y.R. Naik, K. Rajendra Choudhary, K. Shivraj Choudhary, A.M. Khanwilkar, A.S. Bhasme
For the Respondents: U.R. Lalit, Girish Chandra, M.N. Shroff

The Judgment of the Court was delivered by B.C. RAY, J. This Appeal by special leave is directed against the judgment and order dated 9th August 1983 passed in Writ Petition No. 1907 of 1983 by the High Court of Judicature at Bombay dismissing the writ petition and confirming the judgments and orders by the Maharashtra Co- operative Appellate Tribunal made in Appeal No. 280 of 1978 and by and Co-operative Court, Greater Bombay allowing the application of respondent Co-operative Society filed under Sec. 91(1) of Maharashtra Co-operative Societies Act, 1960 directing eviction of the respondent No. 2 member of the Society as well as the appellants nos. 1 and 2 who are trespassers from its flat No. 7 in the building of the disputants ’Fairfield.’’ Churchgate Reclamation, Bombay 20. The facts giving rise to the present appeal are that the respondent "Fairfield Co-operative Housing Society" which is a "Tenant Co-partnership Housing Society’’ under Registration No. B -1412 of 1955 owned the suit premises. The respondent No. 2 Smt. Vishni J. Kalwani as a member of the Society was allotted Flat No. 7 in the 1st Floor of the suit premises for residing therein with members of her family. The

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