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november 2007

Supreme Court of India · 2007-11-14

M/S. Anita Enterprises & Anr vs Belfer Coop. Housing Society Ltd. & Ors

Citation / case number
AIR 2008 SUPREME COURT 746
Court
Supreme Court of India
Petitioner
M/S. Anita Enterprises & Anr
Respondent
Belfer Coop. Housing Society Ltd. & Ors
Author
B.N. Agrawal
Bench
B.N. Agrawal, P.P. Naolekar

Judgment text excerpt

The Supreme Court addressed the maintainability of appeals against orders of the Bombay High Court dismissing Letters Patent Appeals, confirming a Single Judge's decision in writ petitions under Article 227 of the Constitution. The Court held that the appellants, who were tenants inducted by a member of a cooperative housing society, could not be evicted as the member had unlawfully parted with possession, violating Section 91 of the Maharashtra Cooperative Societies Act, 1960. The Court upheld the appellate court's decision favoring the appellants, thereby reversing the eviction order against them.

M/S. Anita Enterprises & Anr vs Belfer Coop. Housing Society Ltd. & Ors · Niyam