Short Answer

Yes, a society can forcibly evict a tenant who is causing trouble, even if the owner objects.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 empowers the society to evict a tenant causing nuisance or annoyance to others. This section allows the society to take necessary steps for the removal of such tenants, even if the owner objects. In practice, the society needs to follow the due process of law before evicting the tenant. This may involve issuing notices to the tenant, giving them an opportunity to be heard, and obtaining necessary approvals from the society's governing body.

Real-world Scenarios

• Scenario 1: A tenant in a cooperative housing society is constantly creating disturbances and causing inconvenience to other residents. Despite the owner's objection, the society decides to evict the tenant under Section 123 of the Act.

• Scenario 2: A tenant is found to be involved in illegal activities within the society premises, leading to safety concerns among other residents. The society, after following the due process, decides to evict the tenant to maintain peace and security within the society.

Step-by-step process:

• Identify the tenant causing trouble.

• Issue a notice to the tenant specifying the reasons for eviction.

• Provide an opportunity for the tenant to present their side.

• Obtain approval from the society's governing body for eviction.

• Take necessary legal steps for the removal of the tenant if required.

Reference

• Section 123 of the Gujarat Cooperative Societies Act, 1961: Official PDF