RAMESH HIMMATLAL SHAH vs HARSUKH JADHAVJI JOSHI

The Supreme Court held that the right to occupy a flat in a cooperative housing society is a species of property that can be attached and sold in execution of a decree under Section 60 of the Code of Civil Procedure. The Court distinguished between a member's share in the capital of the society and their interest in the property, affirming that the latter is not exempt from attachment. The appeal was allowed, overturning the Bombay High Court's decision that had set aside the attachment and sale of the flat.