Supreme Court of India · 1988-09-19
SMT. KRISHNA RAJPAL BHATIA & ORS. vs MISS LEELA H. ADVANI & ORS.
- Citation / case number
- SC 1984/68498
- Court
- Supreme Court of India
- Petitioner
- SMT. KRISHNA RAJPAL BHATIA & ORS.
- Respondent
- MISS LEELA H. ADVANI & ORS.
- Author
- A.P. SEN
- Bench
- A.P. SEN
Judgment text excerpt
The Supreme Court held that the agreement between the parties was one of leave and licence, not lease, under Section 91 of the Maharashtra Cooperative Societies Act, 1960. The Court affirmed that the disputant was a tenant co-partner member of the society, and the Registrar lacked jurisdiction to adjudicate the matter as it did not pertain to the society's business. The appeal was dismissed, upholding the lower court's decision that the possession of the appellants' father was wrongful after the termination of the licence.