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1990 DIGILAW 198 (SC)

Ashok Ghosh v. Ishwar Bhavan Coop. Housing Society Limited

1990-03-21

R.M.SAHAI, T.KOCHU THOMMEN

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ORDER : 1. Special leave granted. 2. This appeal arises from the order of the Bombay High Court dismissing the appellants' Writ Petition No. 5299/89 in limine. The order of the High Court contains no reason . It was the contention of the 1st appellant that Section 91 of the Maharashtra Co-operative Societies Act, 1960 was not attracted by the facts of this case. According to him, he was inducted into the premises by the sister-in-law of one of the Members of the Co-operative Society. The respondents contended that the 1st appellant had no right whatsoever to remain in the premises and that he had not been inducted into by any competent person. It was further contended by the respondents that the 1st appellant paid no rent to the Member. The Cooperative Court found that Section 91 of the Act was attracted. That finding was affirmed by the Tribunal. But neither the Cooperative Court nor the Tribunal discussed or determined the jurisdictional facts to come to a finding that Section 91 of the Act was attracted. There is no finding by the High Court as regards the status of the 1st appellant. Was he a trespasser or a lessee or a person inducted into the premises by someone who had the right to do so? There is a finding by the Cooperative Court and the Tribunal that the 1st appellant was a trespasser, and, if that is so, that crucial question does not appear to have been noticed by the High Court. There is no discussion on any point in the order of the High Court. The High Court merely dismissed the Writ Petition in limine without giving any reasons. 3. It is unfortunate that we do not have the advantage of a reasoned judgment of the High Court. In a matter of this importance, it would have been of invaluable help to the appellate court had the High Court expressed the reasons for dismissing the Writ Petition. 4. In the circumstances, we set aside the impugned order of the High Court and remit the case to that Court for consideration of all the facts and the law arising in this case. We make it clear that the status quo as of today shall be maintained till the disposal of the case by the High Court. The appeal is disposed of accordingly. No costs.