Supreme Court of India · 1988-09-19
A.V.R. & CO. & ORS. vs FAIRFIELD COOPERATIVE HOUSING SOCIETYLTD. & ORS
- Citation / case number
- SC 1985/66935
- Court
- Supreme Court of India
- Petitioner
- A.V.R. & CO. & ORS.
- Respondent
- FAIRFIELD COOPERATIVE HOUSING SOCIETYLTD. & ORS
- Author
- B.C. RAY
- Bench
- B.C. RAY
Judgment text excerpt
The Supreme Court held that the appellants, as licensees, were not entitled to claim statutory tenancy under the Bombay Rent Act, as their occupation was in violation of the bye-laws of the Fairfield Co-operative Housing Society. The Court affirmed that the dispute fell within the jurisdiction of Section 91 of the Maharashtra Cooperative Societies Act, 1960, which provides exclusive jurisdiction to the Co-operative Court for such matters. Furthermore, the Court ruled that Section 91(b) is not ultra vires Articles 14 and 19 of the Constitution, thereby dismissing the appeal of the appellants.