O. N. BHATNAGAR versus SMT. RUKIBAI NARSINDAS & ORS.

O. N. BHATNAGAR versus SMT. RUKIBAI NARSINDAS & ORS.

A claim by the society together with a member for ejectment of a nominal member licensee, upon revocation of licence, is a dispute within the purview of Section 91(1) of the Maharashtra Cooperative Societies Act, 1960. The proceedings under section 91(1) were not barred by section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, as no landlord-tenant relationship existed. The appellant was not entitled to protection under the Rent Act (Section 15A), as he was not in occupation under a subsisting licence on the relevant date, and the prior finding of licensee status operates as res judiciata.

Parties
Appellant: O. N. BHATNAGAR; Respondent No. 1: SMT. RUKIBAI NARSINDAS; Respondent No. 2 / Society: Shyam Cooperative Housing Society Limited
Jurisdiction
India
Judgment Date
21 April 1982
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated April 21, 1981 of the Bombay High Court
Outcome
Appeal dismissed.
Legal Topics
Ejectment, Leave and Licence, Jurisdiction Under Cooperative Societies Act, Non Obstante Clause Interpretation, Res Judicata
Property Law Tenancy Law Cooperative Societies Ejectment Leave and Licence Jurisdiction Under Cooperative Societies Act Non Obstante Clause Interpretation Res Judicata

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Parties

O. N. BHATNAGAR

Appellant

SMT. RUKIBAI NARSINDAS

Respondent No. 1

Shyam Cooperative Housing Society Limited

Respondent No. 2 / Society

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated April 21, 1981 of the Bombay High Court

Legal Issues

  1. 1 Whether a claim for ejectment by a housing cooperative society and a member against an occupant who had been let into possession under an agreement of leave and licence executed between him and a member, by virtue of his being a nominal member, is a 'dispute' referable to section 91(1) of the Maharashtra Cooperative Societies Act, 1960
  2. 2 Whether proceedings under section 91(1) of the Societies Act are barred by the provisions of section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
  3. 3 Whether the non-obstante clause in section 28 of the Rent Act has overriding effect over the clause in section 91(1) of the Societies Act

Ratio Decidendi

A claim by the society together with a member for ejectment of a nominal member licensee, upon revocation of licence, is a dispute within the purview of Section 91(1) of the Maharashtra Cooperative Societies Act, 1960. The proceedings under section 91(1) were not barred by section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, as no landlord-tenant relationship existed. The appellant was not entitled to protection under the Rent Act (Section 15A), as he was not in occupation under a subsisting licence on the relevant date, and the prior finding of licensee status operates as res judiciata.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed with costs.