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Manohar Ramchandra Sarfare vs The Konkan Co-Operative Housing ... on 18 August, 1961

The conception of the flat having been sold to respondent No. 1 (i.e. the member of the society) or he having become the owner or tenant thereof or society becoming ever a landlord militate not only against other recitals in the judgment but also against the true position of any member in relation to his flat in a housing society as conceived under Section 2(16) of the Act read with Section 12, Rule 10 and the true import of the bye-laws as interpreted by the Full Bench of this Court in Konhan Co-op. Housing Society's case (supra). The observations however can be reconciled with unduly widely worded bye-laws which invariably contain innumerable clauses pregnant with enabling provisions to meet all conceivable contingencies but mostly unrelated to the main object of the society. A Society can be conceived to be landlord only in the event of its leasing the member's flat due to unavoidable temporary inability of any member to occupy the flat. We are, however', not satisfied that last few lines in para. 9 of the judgment are irreconcilable on any hypothesis whatsoever. At any rate, these cannot have the effect of eroding the clear ratio of the judgment.
Bombay High Court Cites 30 - Cited by 19 - Full Document
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