MANUBHAI C SHAH HUF Vs. NAYAB SACHIV(APPEAL)

JUDGEMENT

(1.) By preferring this petition under Article 226 of the Constitution of India, the petitioner has prayed for the issuance of a writ of Certiorari or any other appropriate writ, order or direction to quash and set aside the order dated 25.08.2011, passed by respondent No.1 Dy. Secretary (Appeals), Agriculture and Co - operative Division, whereby the Revision Application preferred by respondent No.2 Mahadevnagar Co -operative Housing Society Limited, has been allowed.

(2.) The brief facts of the case are to the effect that the petitioner herein is a Hindu Undivided Family (HUF) of the family of Shri M.C. Shah, comprising of himself, his wife and his three sons and their families. Shri M.C. Shah is the Karta of the HUF. Respondent No.2 is a Co -operative Housing Society registered under the Gujarat Co -operative Societies Act, 1961 ('the Act' for short), of which the petitioner is seeking membership in the capacity of the HUF. The wife of Shri M.C. Shah, Smt. Ashaben M. Shah, already owns Bungalow No.38 in respondent No.2 Society. The family is residing in the said bungalow since twenty -seven years.

(3.) Mr.K.S. Nanavati, learned Senior Advocate appearing with Mr.Kunal Nanavati, learned advocate for the petitioner, has made detailed submissions, the gist of which is recorded below: