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5. According to the defendant, the plaintiff has no right to sue as she had un-conditionally accepted the rent without any objection for the period subsequent to 01.04.2004 and also 01.04.2007, and subsequent to the notice dated 15.03.2007. The plaintiff by her conduct waived the notice dated 15.03.2007. The plaintiff is estopped by her conduct and acquiescence. The defendant has denied the issuance of, and receipt of the notices dated 15.03.2007 and 25.04.2007. It is stated that the said notices are invalid, illegal and not in accordance with the tenancy month and agreement between the parties. The suit is not maintainable for want of service of statutory notice under Section 115 of the Multi-State Co-Operative Societies Act, 2002.

214. He argued that the tenancy of the defendant was from month to month. He argued that the tenancy was validly terminated vide 15 days notice dated 25.04.2007 as per section 106 of the T.P.Act. He argued that the defendant is Suit no.851/08 Page no.7 of 34 Asha Chopra v. National Co-Operative Consumer's Federation of India an unauthorized occupant of the suit land property. He argued that the plaintiff has not raised any dispute relating to the constitution of the defendant and therefore, Sec. 115 of the Multi-State Co-Operative Societies Act is not applicable. He argued that plea of renewal of the tenancy and holding over the suit property cannot co-exist.

52. In so far as contention that the suit is not maintainable for want of statutory notice under Section 115 of the Multi-State Co-Operative Societies Act, 2002 is concerned, it can be stated that the said provision stipulates 90 days notice in writing to the defendant - society in respect of any act touching the constitution, management or the business of the society. The present suit for possession against the defendant - society is not covered by the said provision.

Suit no.851/08 Page no.31 of 34 Asha Chopra v. National Co-Operative Consumer's Federation of India