NARGEZ HOMI PESIKAKA Vs. MAHESH C MATHUR

JUDGEMENT

(1.) THE present petition arises out of the proceedings initiated by the petitioners under Section 91 of the Maharashtra Co-operative societies Act. The petitioner No. 1 is the original disputant No. 1. She is a member of the petitioner No. 2 a Housing Society which was the original disputant No. 2. They filed Case No. CC-1/593/250/82 of 1986 in the co-operative Court, Bombay for eviction of the respondent-original opponent from the suit premises which consist of Flat No. 5 and garage No. 8 in 'maison Belvedere', Maharshi Karve Road, Bombay 400 020. It was the case of the petitioners that the petitioner No, 1 in or about the year 1966 gave the suit premises to the respondent for a temporary period of leave and licence basis for a period of eleven months. From time to time the parties renewed the agreements. The last agreement was executed between the parties on 8th May, 1972. The petitioners by a notice dated 24th April, 1982 called upon the respondent to vacate the suit premises. Since the respondent failed to comply, the petitioners filed the present case.

(2.) THE respondent resisted the claim for possession on grounds, inter alia, that he was protected by virtue of the 1973 Amendments to the Rent' act. According to him, he was in possession under a valid and subsisting licence on 1st February, 1973 and hence he was protected under the provisions of the Rent Act. The respondent challenged the maintainability of the proceedings under Section 91 of the Maharashtra Co-operative Societies Act,

(3.) THE petitioners led evidence in support of their case. The petitioner no. 1 in her evidence admitted that the agreement of May, 1972 was in force on 1st February, 1973. The permission granted by the petitioner No. 2 society was also in force on 1st February, 1973.