SANWARMAL KEJRIWAL versus VISHWA COOPERATIVE HOUSING SOCIETY LTD. & ORS.

SANWARMAL KEJRIWAL versus VISHWA COOPERATIVE HOUSING SOCIETY LTD. & ORS.

A licensee in occupation of a flat in a tenant co-partnership society as of 1st February 1973 is deemed a tenant under Section 15A of the Bombay Rent Act and is entitled to statutory protection against eviction, which must be sought through the Rent Act's specified process; the Society cannot evict such a licensee under Section 91(1) of the Maharashtra Cooperative Societies Act unless trespass is proven, and jurisdiction lies with the Court of Small Causes under the Rent Act.

Parties
Appellant: Sanwarmal Kejriwal; Respondent No. 1: Vishwa Cooperative Housing Society Ltd.; Respondent No. 2: Hari Kumar Sharma
Jurisdiction
India
Judgment Date
08 March 1990
Procedural Posture
Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment in W.p. No. 2513 of 1989
Outcome
Appeal allowed
Legal Topics
Statutory Protection for Licensees, Jurisdiction Between Rent Act and Societies Act, Eviction Proceedings in Cooperative Housing Societies
Tenancy Cooperative Societies Statutory Protection for Licensees Jurisdiction Between Rent Act and Societies Act Eviction Proceedings in Cooperative Housing Societies

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Parties

Sanwarmal Kejriwal

Appellant

Vishwa Cooperative Housing Society Ltd.

Respondent No. 1

Hari Kumar Sharma

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment in W.p. No. 2513 of 1989

Legal Issues

  1. 1 Whether a licensee occupying a flat in a tenant co-partnership society is entitled to statutory protection under the Bombay Rent Act, 1947
  2. 2 Whether eviction proceedings against such licensees are to be governed by the Maharashtra Cooperative Societies Act or the Rent Act

Ratio Decidendi

A licensee in occupation of a flat in a tenant co-partnership society as of 1st February 1973 is deemed a tenant under Section 15A of the Bombay Rent Act and is entitled to statutory protection against eviction, which must be sought through the Rent Act's specified process; the Society cannot evict such a licensee under Section 91(1) of the Maharashtra Cooperative Societies Act unless trespass is proven, and jurisdiction lies with the Court of Small Causes under the Rent Act.

Court Disposition

Appeal allowed

Orders

  • Judgments of the Cooperative Court, the State Cooperative Appellate Court, and the Bombay High Court set aside.
  • Claim application filed under Section 91(1) of the Societies Act dismissed.