R B RAJPUT Vs. HIRALAL BHAGWANDAS RAJPUT

JUDGEMENT

(1.) THE petitioner in this Writ Petition has filed this present writ petition against the order dated 14th July, 1987 passed by the Maharashtra State Co-operative Appellate Court at Bombay in Appeal No. 1 of 1987 reversing the judgment and order of the Judge, IV Co-operative Court, Bombay in Case No. CIV/793 of 1985 dated 29-8-1985.

(2.) THE dispute in this writ petition is about Flat No. 2, Kismat Building at Colaba, admeasuring about 1100 Sq. feet. The said flat was tenanted by the original landlord to respondent No. 1 who is the brother of the present petitioner. It appears that the whole family of respondent No. 1 the petitioner and their parents and other relations were in occupation of the said flat since the year 1963. On 7-5-1971 the landlord expressed his desire to dispose of the said flat to the existing tenants and in pursuance of that the disputant contended that he paid an amount of Rs. 17,840/- as the total consideration towards the flat and the share certificates in the society to be formed after the said purchase. On 6-11-1971 the society was formed and the said society is respondent No. 2 in the present petition. In the said society the present respondent No. 1 was enrolled as a member and his share numbers were from 226 to 270. Admittedly, the said share certificate stood in the name of respondents No. 1 alone.

(3.) SUBSEQUENTLY, it appears that on 10-3-1973 respondent No. 1 alone with the present petitioner made an application to the society respondents No. 2, which application it at Exh. A to this petition at page 22. In the said application it was stated that the said application is meant for enrolling the present petitioner along with respondent No. 1 as the joint members of the society, as the said flat was purchased by them jointly and both agreed that the due liabilities towards the society will be borne out and paid by them jointly and severally. The society thereafter considered the said application in their Managing Committee Meeting held on 16-3-1973 and thereafter in the Special General Body Meeting of respondent No. 2 society held on 30-3-1973. The petitioner was enrolled as joint associate member along with respondent No. 1 in respect of share Nos. 266 to 270 and in respect of Flat No. 2 the suit property. It appears that subsequently on 1-11-1974 the society affected the necessary changes in the share certificates.