NARENDRA K. KOCHAR versus SIND MAHARASHTRA COOP. HOUSING SOCIETY LTD. AND ORS.

NARENDRA K. KOCHAR versus SIND MAHARASHTRA COOP. HOUSING SOCIETY LTD. AND ORS.

A licensee, whose licence subsisted on 1.2.1973, becomes a deemed tenant under Section 15-A of the Bombay Rent Control Act and cannot be evicted by proceedings under Section 91 of the Maharashtra Cooperative Societies Act without recourse to the Rent Control Act. The statutory protection overrides any bye-law violation, and proceedings for eviction must be under the Rent Act, not the Societies Act.

Parties
Appellant: NARENDRA K. KOCHAR; Respondent No.1: SIND MAHARASHTRA COOP. HOUSING SOCIETY LTD.; Respondent No.2: B.D. Punjabi
Jurisdiction
India
Judgment Date
09 July 2002
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Special Leave From Bombay High Court Judgment in W.p. No. 1554 of 1997
Outcome
Appeal allowed; impugned orders quashed.
Legal Topics
Eviction, Deemed Tenancy, Licencee Rights, Jurisdiction of Cooperative Courts, Protection Under Rent Control Act
Tenancy Law Cooperative Societies Law Eviction Deemed Tenancy Licencee Rights Jurisdiction of Cooperative Courts Protection Under Rent Control Act

Case Brief

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Parties

NARENDRA K. KOCHAR

Appellant

SIND MAHARASHTRA COOP. HOUSING SOCIETY LTD.

Respondent No.1

B.D. Punjabi

Respondent No.2

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Special Leave From Bombay High Court Judgment in W.p. No. 1554 of 1997

Legal Issues

  1. 1 Whether a subsisting licensee as on 1.2.1973 becomes a deemed tenant under the Bombay Rent Control Act and cannot be evicted under Section 91 of the Maharashtra Cooperative Societies Act without recourse to the Rent Control Act

Ratio Decidendi

A licensee, whose licence subsisted on 1.2.1973, becomes a deemed tenant under Section 15-A of the Bombay Rent Control Act and cannot be evicted by proceedings under Section 91 of the Maharashtra Cooperative Societies Act without recourse to the Rent Control Act. The statutory protection overrides any bye-law violation, and proceedings for eviction must be under the Rent Act, not the Societies Act.

Court Disposition

Appeal allowed; impugned orders quashed.

Orders

  • Petition under Section 91 of the Maharashtra Co-operative Societies Act filed by the Society is dismissed as not maintainable.
  • Parties shall bear their own costs.