PURAN SINGH SAHNI Vs. SUNDARI BHAGWANDAS KRIPALANI

JUDGEMENT

(1.) This appeal by special leave is from the Judgment and Order of the High Court of Bombay dated 24-4-1989 in Writ Petn. No. 4113 of 1986 dismissing the petition.

(2.) The second respondent Shyam Co-operative Housing Society Ltd. was a tenant co-partnership co-operative society (for short, the Society) and Panjumal H. Advani late father of the first respondent (for short, Advani) was its tenant co-partner member. By an application dated 10-6-1969, Advani obtained permission of the Society to induct the appellant temporarily into his flat and accordingly, the appellant took on rent from Advani flat No. 24, Block No. 1, second floor, Nanik Niwas, situate at Bhulabhai Desai Road, Bombay (for short, the flat) on a monthly rent of Rs. 1,000/- (Rupees one thousand) on 10-6-1969. On the same date the appellant, under the Societys rules, applied for its nominal membership stating, inter alia, that he intended to take the flat for temporary use and occupation; that he would not claim any right of permanent nature; and that he would vacate the flat on receipt of notice thereof. By an agreement of leave and licence dated 11-6-1965 entered into between the appellant and Advani, the appellant took exclusive possession of the flat. The agreement was for a period of 11 months and was renewable for 2 further periods of 11 months each. Vide Resolution No. 208 dated 13-6-1965, the Managing Committee of the Society granted the permission.

(3.) By letter dated 22-1-1972 Advani purported to terminate the licence with effect from 10-3-1972 and asked the appellant to vacate the flat and the appellant having not acceded to the request, Advani, informed the Society, which, vide letter dated 22-2-1972 required the appellant to vacate the flat and to deliver possession thereof to Advani on or before the 10th March, 1972. The appellant instead of vacating the flat filed an application in the Court of Small Causes, Bombay on 13-3-1972 for fixation of its standard rent. In April 1972, Advani and the Society raised a dispute under Section 91 of the Maharashtra Co-operative Societies Act to recover possession from the appellant who in turn filed declaratory Suit No. 989/5305 of 1972 in the Court of Small Causes, Bombay on 10-11-1972 seeking a declaration that he was the tenant of the flat, with an interim application for stay of the proceeding till the disposal of his application for fixation of standard rent; but that application was rejected and the appellant was thereafter unsuccessful in his writ petition in the High Court which was dismissed on 7-9-1977. The learned Judge of the IInd Co-operative Court, Greater Bombay by his Judgment dated 6-3-1986 dismissed the suit holding that the appellant was a licensee and not a tenant, but the society was an idle party and had acted in collusion with Advani to vacate the appellant.