GEETA Vs. VIJAYANAND GRUH NIRMAN SAHAKARI

JUDGEMENT

(1.) Both these Writ Petitions raised a common question of law and were therefore heard together and are disposed of by this common judgment.

(2.) In Writ Petition No. 2838/2008, both the Courts below have dismissed the dispute. In Writ Petition No. 748/2008, both the Courts below have decreed the dispute.

(3.) The question that arises for consideration is whether, in the absence of expulsion of a Member of Co-operative Housing Society, can the Managing Committee cancel the allotment of a flat on the ground of non-payment of dues of the Society, particularly when the By-law of the Society mandates that the number of Members shall not exceed the number of flats available for allotment.