Supreme Court of India
Narendra K. Kochar v. Sind Maharashtra Coop. Housing Society Ltd. and Ors.
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What the Court ordered
We are of the view that he being a protected tenant under the Rent Control Act, could not be evicted by initiating a proceeding under Section 91 of the Societies Act and passing orders therein by circumventing the provisions of the Rent Control Act whereunder no proceeding was resorted G to and consequently the impugned orders were unwarranted.
Judgment, page 8
From the headnote
Maharashtra Cooperative Societies Act, 1960/Bombay Rents, Hotel and Lodging House Rates Control Act, 1947-Section 91/Sections 14(2), 15(2) and 15- -Licensee-Eviction of under Section 91 of Societies Act-Licence subsisted on 1.2.1973 the appointed date-Held, eviction not permissible without taking recourse to provisions of Rent Control Act, since the licensee became a deemed tenant by virtue of the provisions of Rent Control Act. Respondent No.2 was a tenant co-partner of respondent No.1 tenant co-partnership Housing Society in respect of a flat in that society. Appellant was put in occupation
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