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.