PREMIBAI KISHINCHAND MAKHIJANI Vs. AMRIT CHUNNILAL OBEROI

JUDGEMENT

(1.) As is not unusual, the real botheration has commenced after the consent award of the decree and the rightful person in the capacity of a decree-holder has been denied the benefit thereof for years together. The protraction of the litigation has added to the agonies by reason of an utterly confused and misconceived order recorded by the learned trial Judge, which cannot be sustained by any yard-stick.

(2.) A co-operative society, known as "Ram Mahal Co-operative Housing Society Ltd., located in Mahim area of this metropolis, was formed for housing its members. One Dr. Kishinchand G. Makhijani was the initial member-owner of flat No. 20 in the said Society. One Shri Amrit Chunilal Oberoy was inducted in the said flat by the said member Dr. Makhijani. Several agreements of leave and licence came to be executed between the parties, which were renewed from time to time, the first being in April 1969 and the last was to terminate as from February 10, 1971. It was before the scheduled date that the said member Dr. Makhijani issued a notice to the said Amrit Oberoy with the clear demand to vacate the premises. This met with no response aad the said occupant continued to be in occupation of the said flat.

(3.) It is OB the basis of this situation that the member Dr. Makhijani approached the Co-operative at Bombay, under Section 91 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act") in the form of a dispute, which was tried as Dispute ABN No. 230/422 of 1972. It came to be lodged on March 27, 1972. The said unauthorised occupant and the said Society were impleaded as co-opponents and an interim order came to be recorded, under which the respondent undertook tq deposit an amount of Rs. 300/- per month by way of compensation. The next relevant development occurred sometime in August 1973 when a Motion, was taken out before the Court to interpose the Society as a co-disputant. This was supplemented by the Resolution of the Society dated July 22, 1973, under which the Society authorised the Secretary to. move the Court for transposition, in pursuance of which the society filed an application in the Court., In, consonance with the Resolution of the Society, the Secretary also filed an affidavit in support of the application. After observing, the formalities, since the move was opposed by the Respondent, the Co-operative Court ultimately granted the application, under which the Society came to be transposed as a co-disputant. This event occurred on March 1, 1974.