RAJENDRA KUMAR SABHARWAL Vs. LILA K JAGTIANI

JUDGEMENT

(1.) The petitioner appellant is the original non-disputant. A flare in a building belonging to disputant No. 2 Co-operative Society was held as a member by disputant No. 1 The same was given on leave and licence basis on 1st Oct. 1962. A joint application was made to the Society by disputant No. 1 and the non-disputant for making the latter a nominal member of the Society. By-laws 66, 67 and 68 of the Society prevented a member from leasing out the flat or giving the same on leave and licence basis to any person who is not enrolled first as a nominal member and previous permission for such tenancy or leave and licence agreement is not taken from the Managing Committee of the Society. It is pursuant to these by-laws that the non-disputant appears to have been enrolled as a nominal member of the Society on the joint application of disputant No. 1 and the non-disputant, it is so not in dispute that the Managing Committee did pass a resolution according its permission to allow the disputant No. 1 to enter into a leave and licence agreement with the none-disputant.

(2.) The present proceedings were initiated by disputant No. 1 in the month of Apr., 1989 against the non-disputant claiming his eviction from the flat and arrears of compensation unpaid till that date and future compensation till the date of vacating the said flat, In the written statement the non-disputant claimed to be a tenant of the said flat and denied his liability to vacate the same. He also contended that the tenancy was created with the permission of the said Society and he was enrolled as a nominal member of the said Society with that view.

(3.) By his order dated 22nd Aug., 1970 the learned Judge of the 1st Cooperative Coutt. Bombay passed on award in favour of the disputants and directed the non-disputant to deliver possession of the said that to the disputants and also pay arrears of compensation and future compensation till the date of vacating it the claim also was decreed with costs.