GOBINDRAM J BUDHRANI Vs. SATYA PREM CO OP HOUSING SOC LTD

JUDGEMENT

(1.) In this writ Petition the petitioners impugne the Judgement and Order of the Maharashtra State Co-operative Appellate Court in Appeal No. 169 of 1977 dated 24th July 1978 with a prayer that the said Judgment and Order be quashed and the Award dated 28th February 1977 in Arbitration Case No. ABN/ 345/1928 of 1974 be set aside. The challenge to the Order of the Maharashtra State Co-operative Appellate Court is based substantially on the question of the Jurisdiction and limitation.

(2.) The two Petitioners herein are related as brother and sister. In the year 1948 a Co-operative Housing Society known as "The Hindustan Co-operative Housing Society Ltd. was registered under the Bombay Co-operative Society Act, 1925. This Housing Society owned two immovable properties, one at Bandra and the other at Colaba. As such owner the Hindustan Co-operative Housing Society Ltd. managed the affairs of the two buildings owned by it both at Bandra and at Colaba. The Building known as "Prem Bhavan", in which the premises under consideration were situated, was constructed in May 1963 at Colaba. Respondent No. 2 was a member of the Hindustan Co-operative Housing Society Ltd. and as such she occupied a flat No. 23 on the second floor of the building known as "Prem Bhavan". In July 1963 Petitioner No. 1, was put in possession of the said flat by respondent No, 2 on a leave arid licence basis It may be pointed out that there is no written agreement of leave and licence in the instant case, nor are any rent or compensation receipts produced. The fact, however, that the Petitioner No. 1 had been granted premises on a leave and licence basis by Respondent No. 2 is not disputed.

(3.) In May 1971 the Hindustan Co-operative Housing Society applied to the Registrar of Co-operative Societies, Bombay for a division of its two properties at Bandra and Colaba into two separate Units. By an Order dated 26th May 1971 passed under Section 17 (1) of the Maharashtra Co-operative Societies Act 1960, the Assistant Registrar of Co-operative Societies, Bombay, granted approval to the scheme of division of the Hindustan Co-operative Housing Society Limited into two separate Societies : One known as the 'New Hindustan Co-operative Housing Society Ltd., dealing with the Bandra Housing Scheme and the other known as 'The Satya-Prem Co-operative Housing Society Limited' dealing with the Colaba Housing Scheme.