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1 - 3 of 3 (3.54 seconds)Deccan Merchants Co-Operative Bank ... vs Dalichand Jugraj Jain And Ors. on 29 August, 1968
4. We feel it unnecessary to go into the scope of Section 91 in this case as, in our opinion, the point for decision in this case is fully covered by the decision of the Court in Deccan Merchants Co-operative Bank Ltd. v. Dalichand Jugraj Jain and Ors. . In that case a member of the society had leased a flat belonging to him to another person. The landlord applied to the Registrar for evicting the tenant. The question for consideration therein was whether that dispute fell within the scope of Section 91 of the Act. This Court came to the conclusion that it did not fall within the scope of that sec. Therein this Court ruled that before a person can be said to claim through a member, the claim should arise through a transaction or dealing which the member entered into with the society as a member. This Court further laid down that when the original owner executed the lease he was not acting as a member but as a mortgager in possession. Hence the case did not fall within Section 91(1)(b) of the Act. The ratio of that case fully applies to the present case.
Article 226 in Constitution of India [Constitution]
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