COMMANDER PRABHAT KUMAR RAM Vs. SABITA MOHINDRA RAM

JUDGEMENT

(1.) THESE are two writ petitions filed against the common order dated 20/ (1995 in Appeals Nos. 599 and 619 of 1994 on the file of Maharashtra State Cooperative Appellate Court, Bombay. Heard both the Counsel.

(2.) THIS is an unfortunate dispute between the husband and wife which has come up to this Court. The petitioner is the husband of the first respondent. It appears the disputes between the spouses started some where in 1992 and since then the parties are at loggerheads. The wife has also filed a suit for divorce against the husband. It is also seen that there are some criminal cases between the parties. It appears the husband had applied to the second respondent society, a housing society, for allotment of a fiat after becoming its member. The society is said to have allotted a flat to him. But the wife's version is that she is also an associate member of the said society along with her husband and that she has also contributed money towards the consideration for the allotment of the flat and hence she is entitled to an equal right or equal share in the fiat to be allotted by the society. She. therefore, filed a suit for certain reliefs regarding this flat by approaching the Cooperative court. The petitioner-husband filed a written statement denying the allegations of the wife regarding her right to the flat His assertion is that he is the sole member of the society and be is the sole owner of the flat which has been allotted to him and he alone has paid the foil consideration. He also took up a plea that the Cooperative Court has no jurisdiction to entertain the suit. The wife had asked for certain reliefs of injunction, appointment of a Receiver etc. in the suit.

(3.) AFTER hearing both the sides, the learned trial Court held that it has jurisdiction to try the suit. Then it has passed an order granting an order of injunction restraining the Husband from alienating or trans-ferring the disputed flat and also appointed an Advocate as a Receiver to take possession of the flat Being aggrieved by the two orders regarding jurisdiction and appointment of receiver, the husband approached the cooperative Appellate Court by two appeals After hearing both the sides, the learned appellate Court dismissed both the appeals. Hence the husband has approached this court by way of these two writ petitions challenging the finding regaiding jurisdiction and the appointment of Receiver.