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april 1982

Supreme Court of India · 1982-04-21

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

Citation / case number
SC 1981/63811
Court
Supreme Court of India
Petitioner
O. N. BHATNAGAR
Respondent
SMT. RUKIBAI NARSINDAS & ORS.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the claim for ejectment under Section 91(1) of the Maharashtra Cooperative Societies Act, 1960 constitutes a 'dispute' as defined by the Act, distinguishing it from the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Court ruled that the appellant, as a nominal member, had only a licensee's rights, which were inchoate, and thus the proceedings were not barred by the Rent Act. The appellant failed to establish a landlord-tenant relationship, affirming the jurisdiction of the cooperative society to resolve the dispute.

O. N. BHATNAGAR vs SMT. RUKIBAI NARSINDAS & ORS. · Niyam