JAGDISH CHANDER SACHDEVA Vs. ROYAL BOMBAY YATCH CLUB

JUDGEMENT

(1.) THE present appeal is directed against the order dated 2nd June, 2003 passed in Notice of Motion No. 3963 of 2002 in S. C. Suit No. 6854 of 2002 by the bombay City Civil Court, whereby the notice of motion was rejected with costs. The Factual Backdrop ;

(2.) THE factual backdrop, in nutshell, is that the appellant is a permanent member of the respondent club, viz. , Royal bombay Yatch Club (hereinafter referred to as "the Club" for short) since 1971. According to him, his membership entitled him to allotment of a room for long term stay in the club premises. In 1973, he was allotted room Nos. 49/50 and since then he has been residing there till date. He married in the year 1992. His wife has also been residing with him in the said room since her marriage. According to the appellant, this is the only place of him for his residence in Mumbai.

(3.) THE genesis of the dispute, which is the subject matter of the present litigation, is that the appellant did not shift, for the period from May, 2002 to November, 2002, from room Nos. 33 and 34, which were temporarily allotted to him whilst his permanent room Nos. 49/50 was under repairs and renovation. This led to termination of his membership under rule 43 (vii) of the Club rules. This action of the Club is the subject matter of suit filed in the City Civil Court at bombay. The notice of motion to seek interim relief came to be rejected. This rejection is the subject matter of this appeal at the instance of the appellant, a Club member. Rival Contentions :