SITARAM vs GANGARAM

The Supreme Court held that a licensee occupying a flat in a tenant co-partnership society is entitled to statutory protection under Section 15A of the Bombay Rents, Hotels & Lodging House Rates Control Act, 1947. The Court ruled that proceedings under Section 91(1) of the Maharashtra Cooperative Societies Act, 1960 cannot succeed without proof of trespass, which the society failed to establish. Consequently, the appeal was allowed, and the judgments of the lower courts were set aside, affirming the appellant's status as a protected tenant.