L.H.Patil, J. - (1.) Both these appeals have been filed by the same party namely Sainath Darshan Premises Co-operative Society Ltd., against one Pribhdas Ochani, common in both the appeals and two different parties as respondents in each Appeal. The points involved in both the matters are similar and the Advocates appearing for the parties are the same Therefore, it is convenient to dispose of both the appeals by common judgment. Hence, they are disposed of by this common judgment. The trial Court also passed the common orders in both the matters.
(2.) In Appeal No. 514 of 1986 which is arising out of the order passed in Case No. 829 of 1985 before the trial Court while the second appeal is arising out of the order passed in Case No. 828 of 1985. The learned trial Judge vacated the injunction order which was granted at the ad-interim stage on 7-11-1985. The impugned order is dated 14-10-1986.
(3.) The brief facts of the case are as follows :-The Society filed a dispute with the prayers that the opponents in the dispute be ordered and directed to quit, vacate and deliver peaceful possession of the flat, bearing No. 5 on the 3rd floor of the building of the Society and to pay a sum of Rs 310 towards the outgoings the future outgoings at the rate of Rs. 56.10 per month payable from 1-8-85 till delivery of possession. Mesne profits were also claimed at the rate of Rs. 600 per month from 1-8-85. Au application was made pending the hearing and final disposal of the dispute for an order of injunction restraining the opponents in the dispute from subletting, assigning, parting with possession and/or inducting any other person in the flat or any part thereof and from interfering with the affairs management and working of the Society and from preventing the disputant-Society and its office-bearers and servants and agents from putting up locks on the gates and doors of the said building. The Society is a registered Society under the Maharashtra Co-operative Societies Act, 1960. The building was constructed through M/s. Jai Hind Builders. The builders sold the shops as well as the flats to various persons on ownership basis. The opponent No. 1 in the dispute who is the respondent No. 1 in the Appeal agreed to purchase from the builders a flat bearing No. 5 located on the 3rd Floor of the building and agreed to join the Society by becoming the member thereof which would be formed subsequently by the purchasers oi the flats and the shops in the building. Afterwards the Society got registered. The said Respondent No. 1 was one of tbe signatories to the application for registration, as a Promoter members. That was done in May, 1978. However, the management of Society claims that they were not knowing whether the Society was so registered in 1978, but they came to know first time about the registration in 1982. It is said that since the Society has been registered under the Maharashtra Co-operative Societies Act and it has adopted it's Bye-laws and Tenancy Regulations the members are bound by those Bye-laws and Regulations and for tbe same the Respondent No. 1 is said to be not entitled to assign or under-let or part with possession of the flat or any part thereof without the previous consent in writing of the Society, nor he could transfer his right, title and interest in the flat and the shares without such approval. There was also restriction on such transfer being done within one year from becoming of a member.;