AIR 1996 BOMBAY 98 ::(1996) MahLR 878 ::1996 CoopTJ 488 ::1996 (3) BomCR 537

Bombay High Court

Hon'ble Judge(s): V. S. Sirpurkar , J

(A) Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Injunction against interference with possession - Person in possession - Can claim it against everyone including rightful owner - Rightful owner cannot evict him by force - He has to follow due process of law. AIR 1968 SC 1165, AIR 1972 SC 2299,AIR 1980 Ker 224, 1976 Ker LT 571 Foll. (Para 42 43) (B) Maharashtra Co-operative Housing Societies Act (24 of 1961) , S.25— Expulsion of member and cancellation of allotment made @page-Bom99in his favour - Observance of prescribed procedure under Act and giving of notice to member - Necessary - Provisional allotment - Does not automatically get cancelled on failure of allottee to pay balance consideration in time - Notice for cancellation of provisional allotment is necessary.(1988) 2 Bom CR 104 Foll. (Para 38 39) (C) Civil P.C. (5 of 1908) , S.100— Concurrent finding of fact - Interference - Plaintiff claiming to be in possession of suit plot allotted to her husband by co-operative society - Finding recorded against plaintiff without considering important admissions, police reports as also the actual photographs - Evide....