ANITA ENTERPRISES Vs. BELFER COOP HOUSING SOCIETY LTD

JUDGEMENT

(1.) THESE appeals by special leave have been filed against separate orders rendered by a division Bench of the Bombay High Court in letters Patent Appeals whereby the same have been dismissed as not maintainable, thereby confirming the common judgment rendered by a learned Single Judge of the High court in three writ petitions filed under Article 227 of the Constitution of India [hereinafter referred to as 'the Constitution'].

(2.) THE facts, in brief, are that the Belfer Cooperative Housing Society limited, Bandra [west], Mumbai, respondent No. 1 in Civil appeal Nos. 2990-2991 of 2005, [hereinafter referred to as 'the Society'], which was a tenant co-partnership housing society, held both lands and flats constructed thereon and Dr. Gopal Mahadeo Dhadphale, respondent No. 2 in the said appeals [hereinafter referred to as 'the member'] was admitted as member of the Society in the year 1962 and flat No. 4 on the ground floor was allotted to him. On 3. 6. 1982, the member inducted M/s. Anita enterprises, appellant No. 1 in the said appeals, in room No. 2 of the said flat on a monthly rental of Rs. 1000/- and on 3. 10. 1983 the appellant aforementioned was inducted in room No. 3 as well on a monthly rental of rs. 750/ -. The member thereafter inducted m/s. Anita Medical Systems Pvt. Ltd. , appellant No. 2 in the said appeals, in room no. 1 of the flat in question on a monthly rental of Rs. 1000/- which was subsequently enhanced to rs. 1500/- per month and both the appellants were put in possession of the aforesaid premises. The appellants paid rent upto the month of December, 1986 and as the member refused to accept the rental from January, 1987, the rental was sent to him by cheques under registered post, but the same was not accepted.

(3.) THEREAFTER, before the High Court three writ petitions were filed - one by the appellants against the aforesaid order passed by the appellate court upholding order passed by the cooperative Court and the other two writ petitions by the member against the order passed by the appellate bench of the Small Causes court whereby aforesaid declaratory suits filed by the appellants were decreed. A learned single Judge of the High Court, by a common judgment, dismissed the writ petition filed by the appellants whereby order passed by the cooperative Court against the member and the appellants, which was upheld in appeal, has been confirmed and allowed the writ petitions filed by the member, set aside judgment and order passed by the appellate bench of Small causes Court and restored that of the trial-court whereby declaratory suits filed by the appellants were dismissed. The said judgment has been upheld by Division Bench of the High court by dismissing the Letters Patent Appeals on the ground that the same were not maintainable in view of the fact that the writ petitions were filed under Article 227 of the constitution. Hence these appeals by special leave.