T N KARUNESHUDAS Vs. SARSHAMMA SOMASUNDARAM

JUDGEMENT

(1.) THE present appeal is directed against the order dated 30-6-1988 passed by the learned Judge, Co-operative Court No. 5, bombay, by which he vacated the ad interim injunction granted on 20-6-1988 earlier granted restraining the respondents from converting the two ground floor flats in 'b' Wing of the Society's Building into one and/or carrying out any structural alterations to the said two flats.

(2.) THE facts giving rise to this appeal are briefly stated as follows : The appellant is a member of the Sarsha Co-operative Housing Society and that according to the appellant, the Respond. nts 1 to 3 are claiming to be the members of the Society. It is the case of the appellant that Plot No. 158 survey No. 33 C. T. S. No. 11/35 at Powai, Bombay admeasuring about 770. 48 sq. mtrs. belongs to Respondent No. 1. The Respondent No. 1 with a view to obtain exemption under Section 20 of the Urban Land Ceiling act, 1976 made an application to the Competent Authority on 1-8-1976 and that the Competent Authority exempted the plot of land by its order on certain terms and conditions. According to the appellant before the Registration of the Society the plans were approved by the Bombay Municipal corporation by order dated 17-1-1984 and that the Additional District collector, Bombay issued a N. A. Permission by order dated 29-3-1985 as also commencement certificate is obtained on 12-5-1984. It is further contended by the appellant that the plans were got amended from the bombay Municipal Corporation under No. CE/3762/bpes/an dated 19-9-1987 and as per the amended plan two flats on the ground floor in 'b' wing of the proposed Building are converted into Maternity Home/nursing home. The appellant initiated the dispute in the Co-operative Court no. V, Bombay, praying for (a) permanent injunction restraining respondents from converting the said two Ground Floor residential Flats in the 'b' wing of the Society's building into one unit and putting it to the use of maternity Home/nursing Home and (b) permanent injunction restraining respondents from carrying out any structural alterations in the said Ground floor two flat in 'b' Wing of the Society's Building and also prayed for ad interim injunction in terms of prayer clauses (a) and (b ). The learned Judge of the Co-operative Court No. V, Bombay, granted ad interim injunction as prayed by the appellant. However, he vacated the same by his order dated 20-6-1988. It is against this order the appellant has preferred this present appeal.

(3.) MR. Deshpande, learned Advocate for the appellant mainly relied upon the order passed by the Secretary, Housing and Special Assistance department, Bombay, under No. CHS-1079-1287-CR-147/xiv, xerox copy of which is produced by the Advocate for the appellant along with a list at serial No. 2 of the list dated 8-7-1988. He mainly relied upon Term nos. 1, 2 and 8 of the said order in contending that the respondents in breach of the order allowed the respondent No. 3 to use the flals for opening Nursing Home. The Term Nos. 1, 2 and 8 of the order is sued by the Under Secretary to Government, Housing and Special Assistance Department, xerox copy of which is produced on record reads as follows : "