Tenancy disputes under rent control cannot be routed through co-operative reference jurisdiction when statutory jurisdiction is absent.

A landlord-tenant dispute arising from a rental arrangement falls within the rent control forum and not the reference jurisdiction under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983. Because the dispute is governed by the special rent law and turns on jurisdictional facts about the landlord-tenant relationship, it cannot be treated as a matter touching the business of the society for co-operative reference purposes. The availability of an appellate remedy does not cure the absence of jurisdiction. The impugned Section 90 proceedings were therefore without jurisdiction and not maintainable.

---

---

Issues: Whether the proceedings under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, in respect of a landlord-tenant dispute, were without jurisdiction and not maintainable.

Analysis: The dispute between the parties was one of tenancy arising out of a rental arrangement. The Court held that such a dispute falls within the domain of the rent control forum and not within the reference jurisdiction under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983. A dispute of this nature, being governed by the special rent law and involving jurisdictional facts as to landlord-tenant relationship, could not be treated as a dispute touching the business of the society so as to invoke the co-operative reference machinery. The availability of an appellate remedy did not cure the absence of jurisdiction in the impugned proceedings.

Conclusion: The proceedings under Section 90 were held to be without jurisdiction and not maintainable, and the impugned summons was liable to be quashed.

Ratio Decidendi: A tenancy dispute governed by the special rent control regime cannot be brought within the reference jurisdiction of the co-operative societies authority under Section 90 where the statute does not confer exclusive jurisdiction over such disputes.

---