SOLAPUR TALUKA KHADI GRAMODYOG Vs. DATTATRAYA SHANKARRAO KONDEWAR

JUDGEMENT

(1.) BY this petitions the petitioner takes exception to the judgement and order dated 15th March 1991 passed by the learned 6th Additional District judge, Solapur dismissing the Appeal no. 434 of 1989 and confirming the decree for possession passed against the petitioner by the learned 8th Joint Civil judge, Junior Division, Solapur in Regular Civil Suit no. 71 of 1785.

(2.) THE respondent is a tenant occupying a shop premises admeasuring 12' x 15' in the property bearing city Survey no. 8737715-A situated within the limits of Solapur Municipal Corporation. The property originally belonged to one Mr. Shah. By an indenture of sale dated 22nd august 1983, the respondent purchased western half portion of the said property and the remaining eastern half portion was purchased by the brother of the respondent. On 10th January 1985, the respondent filed a suit bearing regular civil Suit no. 71 or 1985 against the petitioner for possession of western half portion of the shop in possession of the petitioner (hereinafter referred to as 'the suit premises' ) on the ground that the petitioner was a defaulter in payment of the rent and that the respondent required the suit premises reasonably and bonafide for the purpose of his business. By a judgement dated 30th June 1989, the trial Court decreed. the suit on both the grounds. The appeal filed by the petitioner was dismissed by the vith Additional, District Judge, Solapur by a judgement and order dated 15th March 1991. That judgement is impugned in this Writ Petition.

(3.) THE petitioner is a Co-operative Society formed under the Bombay Co-operative Societies Act and deemed to be registered under the Maharashtra co-operative Societies Act 1960. Prior to the institution of the suit no notice under section 164 of the Maharashtra Co-operative Societies Act was issued to the Registrar of Co-operative Societies. Shri Kumbhakoni, learned counsel for the petitioner submits that as a mandatory notice required to be issued under section 164 of the Maharashtra co-operative Societies Act was not issued to the registrar, the suit mas not maintainable and therefore, ought to have been dismissed by the Courts below. Section 164 of the Maharashtra Co-operative societies Act reads as under: 164. Notice necessary in suits No suit shall be instituted against a society, or any of its officers, in respect of any act touching the business of the society, until the expiration of two months next after notice in writing has been delivered to the Registrar or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims, and the plaint shall contain a statement that such notice has been so deiivered Or left.