Absolute ownership of the society in respect of land and building of the society and the member having mere right of occupation.

electionsBy Accommodation Times News Services

The theory that the society is an absolute owner of the land and building including the open spaces and that it can therefore do anything on the basis of its ownership property is not absolute theory adversely affecting the rights of its members who are co-partner tenant members of the society. The society therefore cannot construct an office at the door-step of the flat of the members on the spacious ground that it is an absolute owner of the property. The ownership of the society qua its member has its own limitation and construction of such an office at the doorstep of the flat of the member cannot therefore be done without the consent of such a member merely on the ground that the society is the owner of the property.

Section 4 of the Maharashtra Co-operative Societies Act, 1960 where in it has been laid down that the object of a Co-operative Housing Society inter alia should be the general welfare of the member of the society. Since there are only one member having flat on the ground floor, his general welfare should be the paramount concern for the society in keeping with the spirit of the provisions of section 4 of the Maharashtra Co-operative Societies Act, 1960.

A reference can be made to the 63 Bom. L.R.1001 wherein the full bench of the Bombay High Court has laid down that the Co-partnership tenancy of the member in a Co-partnership tenancy as envisaged under the Bombay Rent Act nor is it tenancy or lease as envisaged under the Transfer of Property Act and that the Co-partnership tenant member has special and peculiar relationship with the Society. (Sea Side Apartment Co-operative Society Vs. M. Swaminathan, 1994 C.T.J. 354).

The Appellant original disputant filed an appeal against judgement of the Co-operative Court. The Appellant is a member of respondent No. 1. society. The membership was disputed by Respondent No.1 and 2. Plea was advanced by the Appellant that through agreement of sale she purchased said unit from Builder. The said flat was than given to her son who in turn inducted Respondent No.2 as licensee. The society stepped into the shoe of the Builder.

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