Bombay High Court
RAJESH GAMBHIRDAS SHAH AND ANRversusJAYESH PANNALAL SHAH AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court declined to interfere with the registrar's order, directing the petitioners to obtain a declaration of title from a civil court.
Summary
The petitioners sought to set aside the order of the Divisional Joint Registrar dismissing their revision application concerning a cooperative housing society membership and alleged non‑payment of consideration for a flat. The registrar had condoned an eight‑year delay in filing the revision and then dismissed it on merits, relying on the 1994 agreement and subsequent 2006 deed. The court noted that membership in a cooperative society does not by itself confer title and that the registrar, under Section 22 of the Maharashtra Co‑operative Societies Act, 1960, cannot conduct an intrinsic enquiry into title. Accordingly, the court held that any dispute over title must be resolved by a declaration from a civil court of competent jurisdiction. The writ petition was therefore dismissed, leaving the petitioners free to approach a civil court for a declaration of title.
Issues considered
- Whether the High Court should interfere with the order of the Divisional Joint Registrar dismissing the revision application.
- Whether the registrar has jurisdiction under Section 22 of the Maharashtra Co‑operative Societies Act, 1960 to examine the title of a flat in a cooperative society.
Legislation cited
Subjects
- cooperative society
- membership
- title dispute
- revision application
- delay condonation
- Section 22
- civil court declaration
Judgment
Renuka Thakur 17-IA-7225-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7225 OF 2026
IN
WRIT PETITION (ST) NO. 7066 OF 2026
Rajesh Gambhirdas Shah and Ors ...Applicants/Petitioners
V/s.
Jayesh Pannalal Shah and Ors ...Respondents
________________
Mr. Vinit J. Mehta for Applicant/Petitioners.
Ms. S. D. Chipade, AGP for Respondent-State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 16 SEPTEMBER 2026.
P.C.:
Interim Application No. 7225 of 2026:-
1) The Application is filed seeking restoration of the Petition
which is dismissed for non removal of office objections. In view of the
reasons pleaded in the Application and with a view to provide an
opportunity to the Applicants to prosecute the Petition on merits, I deem
it appropriate to recall the order dismissing the Petition and to restore
the same. Accordingly, Writ Petition is restored. Interim Application is
allowed and disposed of.
Page No.1 of 3
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Renuka Thakur 17-IA-7225-2026.docx
Writ Petition (St) No. 7066 of 2026:-
2) The Petition challenges order dated 26 June 2025 passed by
the Divisional Joint Registrar, Co-operative Societies, Mumbai Division,
Mumbai (Divisional Joint Registrar) dismissing Revision Application No.
384 of 2023 preferred by the Petitioners and confirming order dated 1
June 2015 passed by the Deputy Registrar, Co-op. Society, N-ward,
Mumbai (Deputy Registrar). It appears that revision was preferred by the
Petitioners after considerable delay of 8 long years. However, the
Divisional Joint Registrar has proceeded to condone the delay in filing
the Revision Application and has thereafter dismissed the Revision
Application on merits.
3) Perusal of the order passed by the Divisional Joint Registrar
would indicate that an Agreement for Sale dated 31 March 1994 was
executed in favour of Respondent No. 1 in respect of flat No. A-101. On
the strength of the said agreement Respondent No. 1 applied for
membership of the society. It appears that Respondent No. 1 was also put
in physical possession of the flat. According to the Petitioners,
Respondent No. 1 did not pay full consideration agreed as per Agreement
and accordingly the Agreement was canceled on 30 April 1995. It
however appears that a Deed of Declaration dated 18 October 2006 is
subsequently executed and registered. If Petitioners believe that
Respondent No. 1 has not acquired title in the flat on the strength of the
Agreement dated 31 March 1994, the remedy of the Petitioners lies
elsewhere. It is well settled position that mere grant of membership in a
Co-operative Housing Society does not confer title on the person in
whose name the membership is transferred. The Registrar cannot
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Renuka Thakur 17-IA-7225-2026.docx
undertake intrinsic evidentiary enquiry into the title while exercising
jurisdiction under Section 22 of the Maharashtra Co-operative Societies
Act, 1960. In the present case, the Deputy Registrar has taken note of
Agreement dated 31 March 1994 for grant of membership in favour of
Respondent No. 1. As observed above, if the Petitioners believe that
Respondent No. 1 does not have title in respect of the flat on account of
non payment of full consideration, the Petitioners will have to secure a
declaration to that effect from Court of competent jurisdiction. In the
event Petitioners succeed in securing a declaration of title in their
favour, records of the society can always be brought in tune such
declaration.
4) Therefore, I do not find any valid reason to interfere in the
impugned order dated 26 June 2025 passed by the Divisional Joint
Registrar. Leaving open remedy to the Petitioners to secure appropriate
declaration from the Civil Court, Writ Petition is disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.3 of 3
Designation: PA To Honourable Judge 16 SEPTEMBER 2026
Date: 17/09/2026 11:32:36
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