SARDAR MOHAN SINGH AHLUWALIA (DEAD) BY LRS. vs MAITRAI PARK CO. OP. HOUSING SOCIETY LTD.& ANR.

The Supreme Court held that the dispute regarding the unauthorized occupation of a flat by the appellant falls under Section 91 of the Maharashtra Co-operative Societies Act, 1960, as the appellant claimed possession through a member of the society. The Court found that there was no valid license agreement in favor of the appellant at the time the Bombay Rent Act's Section 15A came into force, thus he could not be deemed a tenant. The appeal was dismissed, but execution of the decree was stayed for four months to allow the appellant to file an undertaking.