Dr. A.M. Singhvi and S. Bandopadhya for the Respondents.
The Judgment of the Court was delivered by C. RAY, J. The member of society Mrs. Maya Inderson Israni who has been allotted the flat No.62 on 6th floor of Nibhana Building by the disputant No.2, the Nibhana Co operative Housing Society.
The said Writ Petition was dismissed by the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
14 of 1987 before the High Court of Bombay under Article 227 of the Constitution.
Ltd. and the society filed a dispute before the Judge Fifth Cooperative Court at Bombay for recovery of possession of the said flat from the opponents who are the appellants in this appeal and for mesne profits in respect of the flat alleging inter alia that the appellants were inducted in th flat without the written companysent of the Society as a licencee on the basis of a leave and licence agreement which was a renewed from time to time till some time in 1972 and on Ist October 1972, the member, that is, the respondent No.2 terminated the licence and called upon the appellant to remove itself from the said flat.
From the Judgment and Order dated 12.1.1987 of the Bombay High Court in W .
Thereafter an advocate s Letter dated 1st October 1972 was sent by the respondent No.
An appeal was filed by the appellant before the appellate authority.
l24/ 1987.
2 to the appellant for vacating the flat.
The appellants filed a writ petition No.
567 of 1987.
Dr. L.M. Singhvi, P.K. Banerjee, S.K. Jain, L .A. Kriplani.
The said appeal was dismissed and the order of the Co operative Court was upheld.
The appellant having failed to companyply with the request a dispute was filed by the T ASSOCIATES v. MRS.
R. Agarwala for the Appellant.
The decree will number be executed for a period of four months from the date of this order subject to the appellant s filling an usual undertaking within a period of two weeks from today to the effect that the appellant will number transfer.
Hence this appeal by Special Leave has been filed by the appellant.
