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march 1972

Supreme Court of India · 1972-03-29

SABHARWAL BROTHERS & ANOTHER vs SMT. GUNA AMRIT THANDANI OF BOMBAY

Citation / case number
SC 1971/60253
Court
Supreme Court of India
Petitioner
SABHARWAL BROTHERS & ANOTHER
Respondent
SMT. GUNA AMRIT THANDANI OF BOMBAY
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court addressed the applicability of Section 91(1)(b) of the Maharashtra Cooperative Societies Act, 1960, in a dispute between a flat owner and a tenant regarding tenancy rights. The Court held that while the letting of premises is a business of the society, the specific letting out of a flat by a member does not concern the society's business once the flat has been sold. Consequently, the Registrar lacked jurisdiction to adjudicate the dispute, and the appeal was allowed, affirming the maintainability of the suit in the Small Causes Court.

SABHARWAL BROTHERS & ANOTHER vs SMT. GUNA AMRIT THANDANI OF BOMBAY · Niyam