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Apr 12, 2009
Ramesh Himmatlal Shah v. Harsukh Jadhavji Joshi, 1975(2) SCC 105,
the Supreme Court was seized with the question of law: Is a flat in a tenant co- partnership housing society under the Maharashtra Cooperative Societies Act, 1960 liable to attachment and sale in execution of a decree against a member in whose favour or for whose benefit the same has been allotted by the society. The Supreme Court considered the said question in the light of the provisions of Section 60 of the Civil Procedure Code (CPC), the provisions of the Maharashtra Co-operative Societies Act, 1960 and also the bye-laws of the society and held YES.
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