Mumbai Court July 1935 Judgments

The Shantiniketan Co-operative Housing Society, Ltd. Vs. Madhavlal Ami ...

Court: Mumbai

Reported in: (1935)37BOMLR955

Barlee, J.1. The appellants are the Shantiniketan Co-operative Housing Society, Ltd., and Ramanlal Govindlal Shah. The respondents are the heirs of Patel Amichand Kuberdas and the Secretary of State for India in Council. The facts to which I shall have to refer in connection with the main issue in the suit are few and undisputed.2. The appellants are a co-operative society registered under Bombay Act VIII of 1925. The first appellant is the co-operative society and the second appellant is one of its members. In 1925 by the said Act the Bombay legislature made a provision for co-operative housing societies, and in 1927 the Government decided to acquire land in Ahmedabad for the Shantiniketan Housing Society, and a Notification under Section 4 of the Land Acquisition Act was promulgated. Part of the land which it was proposed to acquire belonged to Patel Amichand Kuberdas, and he objected to the acquisition of his land on the ground inter alia that the acquisition was illegal. His object...