PARIJAT FLAT OWNERS CO.OP Vs. RAMESHKUMAR SHYAMLAL

JUDGEMENT

(1.) Rule, returnable forthwith. Respondents waive service. With consent, taken up for final hearing.

(2.) By these Petitions, the Petitioners have challenged the order dtd. 27/02/2020 passed by the Divisional Joint Registrar, Co-operative Societies in Revision Application No.516/2016. By the impugned order, the Respondent No.3 has set-aside the order dtd. 08/07/2016 passed by Respondent No.2 under Sec. 23(2) of Maharashtra Co-operative Societies Act, 1960 (MCS Act) and admitted the Petitioners as a member of the Petitioner - Society in respect of the suit shop-cum-office No.4 and further directed the Petitioner-Society to transfer the shares in respect of the said premises in the name of Respondent No.1 by making necessary entries in the share certificate and records.

(3.) The dispute is in respect of a Store Room-cum-Office No.4 situated on the ground floor of the building 'Parijat', Plot No.95, Backbay Reclamation, Marine Drive, Mumbai - 400002 which shall be hereinafter referred to as 'the said premises'. By an Indenture of Lease dtd. 12/03/1973, Bharat Builders Pvt. Ltd. gave on lease the suit premises to one Anant Venkatesh Deshpande for a period of 980 years with effect from 17/10/1953. The widow of said Anant Venkatesh Deshpande assigned leasehold rights in favour of Dwarkaprasad Jagannath Agarwal who in turn executed a Deed of Gift dtd. 21/05/2012 in favour of Respondent No.1 in respect of said premises. The Respondent No.1 submitted an Application to the Petitioner- Society seeking membership in respect of the said premises. The Petitioner-Society claims that there is discrepancy in the area as in the initial Deed of Assignment, the area of the said premises is shown as 156.50 sq.ft, whereas in the Deed of Gift, the carpet area is shown to be 524 sq.ft. The Petitioner - Society brought this discrepancy to the notice of Respondent No.1. The Respondent No.1 issued a letter dtd. 19/05/2021 contending that the carpet area of the said premises is 15.70 sq. meters at plinth level and 13.99 sq. meters at mezzanine floor level and that he is in possession of the same.