ZOROASTRIAN RADIH SOCIETY Vs. PERVIN NARIMAN JOGINA

JUDGEMENT

(1.) HEARD Mr. Bharucha in support of these two Notice of Motions which are taken out by the plaintiff and Mr. Vashi appears for the defendants.

(2.) THE plaintiff is a society registered under the Societies Registration Act, 1860, and amongst others its aims and objects are to undertake, organize and perform beneficial acts in the interest of Parsi Zoroastrians meaning thereby persons who are Parsi by birth being born of Parsi parents and also professing Zoroastrian religion. This plaintiff-Society is a owner of land situated at Oshiwara, Jogeshwari (West), Mumbai known as "behram Baug". Over the years, it has developed a residential colony meant for the Parsi Zoroastrians on that land. The persons who are interested in staying in that residential colony had to be Parsi Zoroastrians as stated above and had to sign necessary declarations for that purpose.

(3.) THE case of the plaintiff-Society is that husband of defendant No. 1, one Nariman Gustad Jogina hailing from Agra, wanted to settle down in Mumbai and, therefore, sought a flat in this residential colony. He gave a declaration in the necessary form on 9th May, 1995 and, therefore, the plaintiff, by its letter dated 20th July, 1995 agreed to allot the flat to him. Subsequently, an agreement of sale was signed with Nariman Jogina on 22nd of April, 1996. This Nariman Jogina expired on 16th October, 1996 before being put in possession leaving behind him his wife (defendant No. 1) and son (defendant No. 2 ). Defendant Nos. 1 and 2 gave a declaration on 13th February, 1997 that they will not allow any non-Zoroastrian to use the flat. Thereafter defendant Nos. 1 and 2 were put in possession of the flat. Later on a Co-operative Housing Society governed under the Maharashtra Co-operative Societies Act, 1960 was formed known as Behramshah Shroff Co-operative Housing Society Ltd. to take care of this housing colony.