Case Note & Summary
The dispute arose from an eviction claim made by a tenant co-partner member of a Cooperative Housing Society against the appellants, who were permitted to occupy a flat under an agreement for leave and licence. The agreement dated 1st January 1964 allowed the appellants' father to use the flat for 11 months, which was subsequently renewed. The tenant co-partner member later sought eviction under Section 91 of the Maharashtra Cooperative Societies Act, 1960, claiming unauthorized occupation. The appellants contended that the transaction was a lease, thus barring the Registrar's jurisdiction under Section 28 of the Bombay Rent Act. The District Deputy Registrar initially ruled in favor of the appellants, but the Maharashtra State Cooperative Appellate Tribunal remanded the case for a fresh decision on the nature of the disputant's membership. The First Cooperative Court ultimately found that the society was a tenant co-partnership type and that the agreement was for leave and licence, leading to a wrongful possession ruling against the appellants. The Supreme Court upheld these findings, emphasizing that the agreement was not a device to create a tenancy and reaffirmed the jurisdiction of the Registrar under Section 91. The court dismissed the appeal, granting the appellants six months to vacate the premises while ensuring compliance with the court's directives.
Headnote
A) Cooperative Societies Law - Jurisdiction of Registrar - Nature of Agreement - Maharashtra Cooperative Societies Act, 1960, Section 91 - The court held that the agreement was for leave and licence, not lease, affirming the Registrar's jurisdiction to adjudicate the eviction claim under Section 91. The relationship between the parties was determined to be that of licensor and licensee, not landlord and tenant, thus falling within the purview of the Act (Paras 67-68).
Issue of Consideration
Whether the agreement between the parties constituted a lease or a licence and the jurisdiction of the Registrar under Section 91 of the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The Supreme Court dismissed the appeal, affirming the lower courts' findings that the agreement was for leave and licence and that the jurisdiction of the Registrar under Section 91 was applicable. The appellants were granted six months to vacate the premises.
Law Points
- Jurisdiction under Maharashtra Cooperative Societies Act
- 1960
- Nature of tenancy vs. licence
- Eviction proceedings
- Bye-laws of cooperative societies
