1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3427 OF 2008 IN SUIT NO.1183 OF 2007 PROBAL SUDHANGSHU RAY ..PLAINTIFF VS. SHAKIL MEER LEHAN ..DEFENDANT Mr.R.A.Thorat i/b Mr. Yashodhan A Sakhare for the plaintiff Mr. A.H.Palekar for Defendant No.2 Mr.S.M.Dange for Defendant No.1 CORAM: Smt ROSHAN DALVI, J. DATED: 4 th March, 2009 P.C.: 1. The Plaintiff has taken out this Notice of Motion for several reliefs including the relief of being granted vacant possession and of declaration with regard to the Agreement entered into between the Defendants No.1 & 2. Mr. Thorat on behalf of the Plaintiff has fairly conceded that he presses only prayer (c) of this Notice of Motion. Prayer (c) is to restrain the society from enrolling Defendant No.2 as the member of the 2 society. 2. Defendant No.2 has been inducted into the suit flat under an agreement for sale entered into by and between Defendant No.1 & 2. The suit is a dwelling unit. Plaintiff has sued u/s 44 of Transfer of Property Act. The Plaintiff has challenged the said transaction between Defendant No.1 & 2. The Plaintiff is the son of Defendant No.1. The Plaintiff claims to be a joint owner of the suit property. Defendant No.1 has transferred her undivided share in the suit flat which is a residential premises of the Plaintiff and Defendant No.1 to a person who is not a member of the family. Under the latter part of section 44 of the Transfer of Property Act the transferee would not be entitled to joint possession or other common or part enjoyment of the house. 3. Defendant No.2 as a transferee has applied for being issued separate shares in respect of the suit flat. He has sought to be enrolled as a member of the society to that extent. That entitlement shall have to be decided in the suit. The relief, if any, to enroll Defendant No.2 as a member of society in respect of the part of the suit flat is the final relief in the suit which can be granted as a corollary to the relief of declaration and possession prayed for by the Plaintiff. Consequently pending the suit the society cannot enroll 3 Defendant No.2 as a member. Hence there shall be an order in terms of prayer (c) of the Notice of Motion. Trimurti Co-op Housing Society shall not enroll Defendant No.2 as a member pending the suit. Notice of Motion disposed of accordingly. (Smt. Roshan Dalvi, J)