Case Note & Summary
The plaintiff, Sweet Home Co-operative Housing Society Ltd., filed two suits (Suit No. 2354 of 2003 and Suit No. 2355 of 2003) in the Bombay High Court seeking recovery of possession of flats from the defendants, Himanshu Khurana and Bhimsain Khurana respectively. The society claimed that the defendants were tenants of the flats and had failed to pay rent, making them liable for eviction. The defendants raised a preliminary objection regarding the jurisdiction of the civil court, arguing that the dispute between a co-operative society and its members falls within the exclusive jurisdiction of the co-operative court under Section 91 of the Maharashtra Co-operative Societies Act, 1960 (MCS Act). The court framed an issue on jurisdiction and heard arguments. The court examined the plaint allegations and found that the society itself described the defendants as tenants and sought eviction on grounds of non-payment of rent. The court held that such a dispute between a society and its member relating to tenancy or possession is covered by Section 91 of the MCS Act, which bars the jurisdiction of civil courts. The court noted that the society had an alternative remedy before the co-operative court. Consequently, the court dismissed both suits for want of jurisdiction, with no order as to costs.
Headnote
A) Civil Procedure - Jurisdiction - Bar under Section 91 of MCS Act - Dispute between society and member relating to tenancy or possession falls within exclusive jurisdiction of co-operative court - Civil court cannot entertain suit for possession when relationship is that of landlord and tenant under the society - Held that the suits are not maintainable in civil court and are dismissed (Paras 1-10).
Issue of Consideration
Whether the Bombay High Court has jurisdiction to entertain suits for recovery of possession of flats filed by a co-operative housing society against its members, given the bar under Section 91 of the Maharashtra Co-operative Societies Act, 1960.
Final Decision
Both suits are dismissed for want of jurisdiction. No order as to costs.
Law Points
- Jurisdiction of civil court barred under Section 91 of Maharashtra Co-operative Societies Act
- 1960
- Dispute between society and member relating to tenancy or possession falls within exclusive jurisdiction of co-operative court
- Civil court cannot entertain suit for possession when relationship is that of landlord and tenant under the society
