SATPALSING ARORA Vs. SANTDAS PRABHUDAS MALKANI

JUDGEMENT

(1.) The Special Civil Application No. 2323 of 1968 and Miscellaneous Civil Application No. 98 of 1969 are substantially between the same parties and arise out of the same subject -matter and may therefore be conveniently disposed of together.

(2.) THE Ishwarbhavan Cooperative Housing Society constructed a building known as Ishwarbhavan situated at Churchgate, 'A' Road, Bombay. Santdas Prabhudas Malkani respondent No. 1 became a member of the society and was allotted flat No. 2A in that building on a rental of Rs. 190 per month. The flat consists of two main rooms, bath rooms and a kitchen separated by a corridor and has a verandah in front. Malkani and his wife Mrs. G.S. Malkani were living in this flat. In October 1961 Malkani advertised in the local papers announcing that paying guest accommodation was available. Pursuant to that advertisement Setpal Singh Arora the petitioner in Special C.A. No. 2328 of 1968 entered into an agreement on November 1, 1961 and took a room in flat No. 2A as a paying guest. This agreement was terminated on January 4, 1962 and within less than a month thereafter a second agreement was entered into, The second agreement was in shape of a letter dated February 1, 1962 written by Mrs. Malkani entitled 'Faying Guest Agreement'. By this agreement Arora was given one room - the front room of this flat (which we are told admeasures 16 1/2 ft. X 11 ft. and has three doors) in consideration of Arora paying Rs. 200 per month in advance on or before the third of every month.

(3.) THE next thing that happened in this sordid talc of litigation between the parties was that Arora filed an application for fixation of standard rent in respect of this room before the Court of Small Causes at Bombay. This application was filed in January 1965. At this stage it seems that Mr. Malkani respondent No. 1 before us decided to enforce his own rights to the flat and he along with his wife filed a suit in the Court of Small Causes for compensation amounting to Us. 1,900 against Arora for a certain period. On September 2, 1966 he also raised a dispute under Section 91 of the Maharashtra Co -operative Societies Act making Arora as defendant No. 1. In that dispute which subsequently came to be registered as a suit Malkani claimed possession from Arora on the ground that Arora was his licensee and that the licence had been validly terminated by a notice. The cooperative society was made defendant No. 2 in the suit but throughout remained ex -parte. On May 14, 1968 the Registrar's Nominee to whom the dispute was referred for adjudication gave an award whereby he upheld the claim of Malkani the plaintiff in the suit and ordered Arora to hand over possession. Arora went up in appeal to the Maharashtra State Co -operative Tribunal, Appeal No. 175 of 1968, but by judgment dated October 30, 1968 that appeal was also dismissed. It is against this judgment in appeal and the award dated May 14, 1968 that Special Civil Application No. 2323 of 1968 is filed. In order to complete the narration of facts it is also necessary to state here that the application for fixation of standard rent filed by Arora before the Court of Small Causes in January 1905 was disposed of by that Court on August 14, 1908. For default of appearance of Arora the application came to be dismissed. The Civil Suit No. 2280 of 1964 filed by Arora is, however, pending in the City Civil Court. These are the facts pertaining to Special Civil Application No. 2323 of 1968.