Cooperative housing occupation rights are transferable property and can be attached and sold in execution absent an express statutory bar.

A member's right to occupy a flat in a cooperative housing society was treated as a transferable property interest capable of attachment and sale in execution. Section 31 of the Maharashtra Cooperative Societies Act protected only the share or interest in the society's capital, not the occupation right itself, while section 29 allowed transfer of a member's interest subject to conditions. Rule 24 and the bye-laws did not impose an absolute statutory bar, and section 47 was distinguished as dealing with charges in favour of the society and void transfers. Section 60 CPC was not exhaustive, so the absence of express mention did not prevent execution against a saleable interest. The objection to attachment failed.

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Issues: Whether the right of occupation in a flat allotted by a tenant co-partnership housing society is property liable to attachment and sale in execution of a decree.

Analysis: The right to occupy the flat was treated as a species of property distinct from the share capital of the society. Section 31 of the Maharashtra Cooperative Societies Act, 1960 was held to protect only the share or interest in the capital of a society, not the right of occupation of a flat. Section 29 permitted transfer of a member's interest subject to conditions, and rule 24 and the relevant bye-laws did not create an absolute statutory prohibition against transfer. Section 47, which creates a charge in favour of the society and renders transfers in contravention void, was distinguished. Section 60 of the Code of Civil Procedure, 1908 was not exhaustive, and the absence of express mention of this kind of interest did not prevent attachment where the interest was otherwise saleable.

Conclusion: The right to occupy the flat was attachable and saleable in execution, and the objection to attachment and sale failed.

Final Conclusion: The decree-holder was entitled to proceed against the judgment-debtor's interest in the flat, and the order setting aside the attachment and sale was reversed.

Ratio Decidendi: A member's right to occupy a flat in a cooperative housing society is a transferable property interest unless the governing statute expressly prohibits its attachment or sale; a restriction on the society's share capital does not by itself bar execution against the occupation right.

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