JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. Appellant Haresh Dayaram Thakur and respondent No. 3 Pitambar Dayaram Thakur are brothers. Raj Kumari Pitambar Thakur respondent No. 4 is wife of respondent No. 3. The dispute raised in the case centres round the flat bearing No. 16/199 at Ramakrishna Nagar, Khar (W), Mumbai, belonging to the Maharashtra Housing and Area Development Authority, Mumbai (for short MHADA ). The MHADA had granted lease of the said flat to one N.H. Krishanan, who transferred his right, title and interest thereunder to one Manmeet Singh Chadha under an agreement of transfer dated 7th April, 1986. By the agreement for transfer dated 21.11.1989 the right, title and interest of the flat was purchased by the appellant for a consideration of Rs. 3,45,000/-. The appellant also became a member of the society of flat owners of the building called Melody Cooperative Housing Society of which the flat in question is a part. The appellant had applied to MHADA for regularisation of allotment of the flat in his name. In December 1992 on a routine inspection of the premises the Estate Manager of MHADA reported that the property was in occupation of the appellant and his famil