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november 2007

Supreme Court of India · 2007-11-14

M/S. ANITA ENTERPRISES vs BELFER COOP. HOUSING SOCIETY LTD. .

Citation / case number
SC 2004/21578
Court
Supreme Court of India
Petitioner
M/S. ANITA ENTERPRISES
Respondent
BELFER COOP. HOUSING SOCIETY LTD. .
Author
P.P. NAOLEKAR B.N. AGRAWAL
Bench
P.P. NAOLEKAR B.N. AGRAWAL

Judgment text excerpt

The Supreme Court upheld the dismissal of Letters Patent Appeals by the Bombay High Court, confirming the Single Judge's ruling in three writ petitions under Article 227 of the Constitution of India. The Court found that the appellants, M/s. Anita Enterprises and M/s. Anita Medical Systems Pvt. Ltd., were not legally recognized as tenants of the premises in question due to the member's unauthorized induction of them. The Court emphasized the applicability of Section 91 of the Maharashtra Cooperative Societies Act, 1960, which prohibits a member from parting with possession without the society's consent, thereby affirming the eviction order against the appellants.

M/S. ANITA ENTERPRISES vs BELFER COOP. HOUSING SOCIETY LTD. . · Niyam