TMI Blog1972 (3) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... er than issues 2 to 8 tried as preliminary issues and decided in favour of the plaintiffs before the Court of Small Causes. The facts are as follows. Respondent No. 1 was the owner of a flat on the second floor of Block No. 8 'Shyam Niwas', Warden Road, I Bombay. She was a member of a Co-operative Housing Society and had acquired the flat from the said society. In 1959 she had put the appellant Sabharwal Brothers in possession of the flat for a period of 11 months on payment of ₹ 510/ - per month. There was an agreement in writing which purported to show that the possession was to be on leave and licence basis. This agreement was signed by a partner of Sabharwal Brothers who also became member of the said Co-operative Socie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Causes-Court framed no less than twelve issues of which issues 2 to 8 related to the maintainability of the suit and the jurisdiction of the court in view of the provisions of s. 91 (1) (d) of the Act. The Small Causes Court held that the suit was maintainable and answered the other preliminary issues in favour of the plaintiff. The matter was taken in revision to a Bench of the said Small Causes Court. The Bench took a different view holding that the Registrar's nominee did have jurisdiction to try the dispute between the parties and remanded the proceedings to the trial court for disposal of the suit after deciding on issue as to res judicata by reason of the award of the nominee. The High Court dismissed the Special Civil Applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction (1). We may also note the relevant portion of s. 163 (1) which provides: I ) Save as expressly provided in this Act, no civil or revenue court shall have any jurisdiction in respect of- (a) (b) any dispute required to be referred to the Registrar, or his nominee (c) Before the Court of Small Causes reference was made to bye- law No. 2 of the Society to show that the objects of the society were inter alia to carry on the trade of buying,selling, hiring and letting land in accordance with the co-operative principles and under Regulation No. 5 in form 'A' printed at the end of the bye-laws No tenant shall assign, underlet, vacate or part with the possession of the tenement or any part thereof without the consen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ye-laws could affect the defaulting member's right to membership. But we are not able to see how letting by a member to another member would touch the business of the society which included inter alia the trade of buying, selling, hiring and letting land in accordance with co-ope- rative principles. The letting of flat by respondent No. 1 was a transact-ion of the same nature as the society itself was empowered to enter into but such letting by itself did not concern the business of the society in the matter of its letting' out flats. Nothing was brought to our notice to show that such a letting would affect the business of the society once it had sold the flat to the respondent No. 1. The position might have been different if the l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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