the appellant/defendant figured as one of the original members duly approved by the Maharashtra Housing & Area Development Authority and it was proposed to allot the suit flat to the present appellant. In the plaint it is averred that the allotment was cancelled as the appellant did not pay the requisite amount. Thereafter, the allegation is that the respondent/Society was dispossessed, as the appellant took forcible and illegal possession of the suit flat by breaking upon the lock put on it. Though in the plaint, the respondent may have admitted that that the name of the appellant figured in the list of Members originally approved by Maharashtra Housing & Area Development Authority and though it is averred that the allotment was made to the appellant, the suit is not filed with the allegation that the defendant in his capacity as a member dispossessed the respondent. The case is that though appellant had absolutely no right, title and interest in respect of the suit flat and he has forcibly and illegally dispossessed the respondent/Society. Though in one or two paragraphs, the respondent may have stated that the defendant was a member in the original approved list, it cannot be said that the suit is between the Society and its members touching the business of the Society, as the allegation in the plaint is of illegal dispossession by the appellant. It is not the case of the respondent
