SARDAR MOHAN SINGH AHLUWALIA (DEAD) BY LRS. versus MAITRAI PARK CO. OP. HOUSING SOCIETY LTD. & ANR.

Citation: [1988] SUPP. 3 S.C.R. 32 · Decided: 19-09-1988 · Supreme Court of India · Bench: A.P. SEN · Disposal: Dismissed
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Judgment (excerpt)

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SARDAR MOHAN SINGH AHLUWALIA (DEAD) BY LRS. 
v. 
MAITRAI PARK CO. OP. HOUSING SOCIETY LTD. 
& ANR. 
SEPTEMBER 19, 1988 
[A.P. SEN AND B.C. RAY, JJ.] 
Maharashtra Co-operative Societies Act, 1960--Sec. 91-Juris-
diction of co-operative Court to entertain suit-Bombay Rent Act-
Sec.15A-Protection thereof-Whether available. 
Smt. Mohini R. Adwani, a member of the Maitrai Co-operative 
Housing Society Ltd., was allotted flat No. 15 in Societies 'F' building in 
Scheme No. 1 at Cbambur Bombay-71. She inducted the appellant in 
the premises aforesaid without obtaining the prior written consent of 
the society, on the basis of a leave & licence agreement for a period of 11 
I;> months. The said society was divided by order of the Assistant 
Registrar Co-operative Housing Society Ltd. Bombay into two units i.e 
Maitra Park Co-operative Housing Society Ltd., Chambur (and the 
Maitra Bijoy Co-operative Housing Society Ltd., Chambur-74 Scheme 
No. 2) the former being the owner of the building in Scheme No. I 
including building No. 'F'. Thus on division Smt. Mohini R. Adwani 
E automatically became a member of the disputed society in respect of the 
said flat No. 15 in 'F' building. The appellant after the expiry of the 
period of the licence was occupying the premises unauthorisedly & was 
asked to vacate the flat by !he member of the society. As he did not 
accede to her request, the society had to take steps for evicting the 
appellant from the said flat so that Respondent 2 could occupy the same 
F for her residence. The society accordingly served a notice on the appel-
lant asking him to vacate the flat. On his failure to vacate, the society 
filed a dispute before the Co-operative Court for eviction of the appel-
lant who was in unauthorised occupation of the premises and was using 
the residential flat for canteen purposes in violation of the bye-laws 
framed by the Society. The appellant questioned the jurisdiction of the 
O Co-operative Conrt to entertain the matter on the ground that the 
dispute in question does not come within the purview of S. 91 of the 
Co-operative Societies Act as he was continuing in possessing as 
Iicencee and the member of the Society was receiving licence fee from 
him till the date of filing the dispute. He also asserted that in one of the 
receipts issued to him the word "rent" bas been used. He also pleaded 
H ·that as a Iicencee he has became a tenant u/s ISA. of the amended 
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M.S. AHLUWALIA v. HOUSING SOCIETY [RAY, J.] 
33 
Bombay Rent Acton and from Ist'Febrnary, 1973. 
The Co-operative Court found against the appellant and made an 
award holding that the dispute is covered u/s 91 of the Maharashtra 
Co-operative Societies Act, 1960 as the appellant is claiming to be in 
possession of the flat as licencee through a member of the Society. It 
also held that there was no subsisting agreement of licence in favour of 
the appellant on the date of the coming into force of S. ISA of the 
Bombay Rent Act and as such the appellant could not become deemed 
tenant. Appellant's appeal before the Maharashtra State Co-operative 
Appellate Court having failed he moved the High Court by means of 
Writ Petition. On dismissing the Writ Petition by the Bombay High 
Court, the appellant filed this appeal by special leave. 
Following the Court's Judgment in CA. No. 472 of I98S, M/s. 
A. V.R. & Co. & Ors. v. Fairfield Co-operative Housing Society Ltd., 
I I988) Supp . .3 S.C.R. 84 Court dismissed the appeal, but directed that 
the dec~ee should not be executed for a period of 4 months subject to 
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the appellants filing usual undertaking. The Court, 
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HELD: That the dispute in question comes within the purview of 
S. 9I of the Maharashtra Co-operative Societies Act, I960 as the appel-
lant claims to be in possession of the flat through a member of the 
Society which is a Co-partnership Housing Society and Sec. ISA of the 
Bombay Rent Act does not apply as there was no subsisting agreement 
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of licence on l.2.I973. [34G-H; 3SA] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1399 
of 1986 
From the Judgment and Order dated 7.2.1986 of the Bombay 
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High Court in W.P. No. 4802of 1984 
D.R. Thadani and Shri Narain for the Appellants. 
N.N. Keshwani, R.N. Keshwani and Girish Chandra for the 
Respondents. 
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The Judgment of the Court was delivered by 
B.C. RAY, J.The Maitrai Park Co-operative Housing Society 
Ltd. has filed a dispute before the first Co-operative Cour
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