Supreme Court · 1975 INSC 106 · Decided 25 April 1975
Ramesh Himmatlal Shah v. Harsukh Jadhavji Joshi
- Court
- Supreme Court of India
- Citation
- 1975 INSC 106 · [1975] SUPP. 1 S.C.R. 270
- Case number
- CIVIL APPEAL No. 1539/1974
- Decided
- 25 April 1975
- Bench
- A. ALAGIRISWAMI, P.N. BHAGWATI, P.K. GOSWAMI (3-judge bench)
- Case type
- Civil
- Acts & sections cited
- CPC Section 60
Headnote
c D E F G ll Maharashtra Co-operative Societies Act1 1960 Sections 29,31,47 and i46(a), 1961, Rule 24 and Bye-Laws 9 and 71-D right of a judgn1e11J-dcbtor to occupy a fiat owned by a housir..g society, if fiablc to attac/unent and su!e ill execution of a decree against hin1. Code of Ciril /Jy a ca-operari11e housing society, 1.'f a species of property. The appellant is the decree-holder. He obtained a money decree agains1 the respondent judgment-debtor and took a warrant of attachment of fiat No. 9 of Paresh Cooperative Housing Society Limited at Santacruz, Bombay. This flat was
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