SHANTILAL DWARKADAS SHAH Vs. MANSINH KHIMJI

JUDGEMENT

(1.) THE Assistant Registrar's order under Section 23 of maharashtra Go-operative Societies Act admitting the first respondent as member of the second respondent-Society was challenged by the petitioner in revision before the Divisional Joint Registrar who after hearing the parties dismissed the said revision by its order dated 30th March, 1990. Hence this petition.

(2.) GOING through the impugned order, we find the same well-justified. The first respondent was declared to be a licensee and consequently a "deemed tenant" under the Rent Act. This was of course by ex parte decree. But application to set aside ex parte decree failed. We understand from the petitioner's learned Counsel that second application has been filed for setting aside the said decree and/or for setting aside the order on the first application. Be that as it may, the position as at present is that ex pane decree stands and so long as the same stands the first respondent must be considered to be a deemed tenant, duly protected by the Rent Act. If so, we see no justification for interfering with the impugned orders.

(3.) IT, however, requires to be stated and we accordingly direct, that in the event the first respondent's application for membership of the second respondent-Society is granted, the same should be expressly subject to the result of the petitioner's pending proceedings in the Court of Small Causes at Bombay.