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13. Learned Advocate for the plaintiff further submitted that there is no dispute that the housing society is owner of the suit plot. Member is owner of construction made on the suit plot. The plaintiff has claimed partition and separate possession of his share in the suit property. Said reliefs can be granted only by the Civil Court. Said reliefs claimed by the plaintiff are not touching the business of the housing society so as to say that the Civil Court has no jurisdiction to entertain the suit and the Co-operative Court has jurisdiction to entertain the dispute in the light of provision under section 91 of the MCS Act. Therefore, according to learned Advocate, the orders passed by both the Courts below holding that Civil Court has no ( 14 ) sa877.16 jurisdiction are not sustainable.

16. Mr. Deshpande, learned Advocate appearing for the defendants submitted that considering the admitted facts referred earlier, the reliefs claimed by the plaintiff cannot be granted by Civil Court as the jurisdiction of the Civil Court is barred and the dispute between the parties is touching the business of the housing society and hence the Co-operative Court has jurisdiction as per section 91 of the MCS Act, which reads as under :-

17. To support his submission that the dispute in the present case is touching the business of housing society and therefore the Co-operative Court has jurisdiction to entertain the dispute as per section 91 of the MCS Act, the learned Advocate for the defendants has relied upon following decisions:- 

 ( 25 )                           sa877.16

          i.   Arun Wamanrao Shinde Vs. Prakash                        Bhagwan
          Dalvi & Ors., 1990(2) Mh.L.J.923.

18. I have carefully considered the submissions made by the learned Advocates appearing for the plaintiff and the defendants. I have also gone through the pleadings ( 28 ) sa877.16 of the parties, the issues framed at Exh.25 by the Trial Court and the judgments and orders of both the Courts below.

19. Before dealing with the aforementioned submissions made by learned Advocates appearing for the parties, it is necessary to refer some relevant provisions in the CPC and MCS Act. These provisions are Order VII Rule 11 of CPC, Order XIV Rule 2 of CPC, Section 9A of CPC, Section 91 of the MCS Act (which is referred earlier) and section 134 of the MCS Act. These provisions except section 91 of the MCS Act, are reproduced as under:-