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1995 Supreme(SC) 1043

K.S.PARIPOORNAN, KULDIP SINGH
Lilawati H. Hiranandani – Appellant
Versus
Usha Tandon – Respondent


Advocates:
HARISH N.SLAVE, PRABIR ANAND CHAUDHARY, SANGITA KUMAR, SHANKAR GOPAL PAGIRE, VIJAY VERMA

ORDER

Paripoornan, J.

1. The original respondent in Ejectment Application No. 149/929/E of 1966 in the Court of Small Cause at Bombay - respondent in writ petition No. 1823/83 (hereinafter referred to as the original respondent), is the appellant in this appeal. The original applicant in the said Ejectment Application- petitioner in writ petition No. 1823/83 (hereinafter referred to as the original applicant), is the respondent in this appeal. The matter arises in connection with the eviction of the original respondent from the premises, comprised in flat No. 36, Block No. 30-C, 27-A, Mazgaon Terrace. One Sri Syed Abdul Hamid Kadri was the owner of the entire building. The original applicant was a tenant under Shri Kadri long before 1965. The property was mortgaged to a trust. Pursuant to some litigation, the property was put up for auction on 6-10-1965. Prior to this auction, on 14-8-1965, the tenants of the flat formed a Society called Mazgaon Terrace Co-operative Housing Society Ltd. The entire building in question was purchased by the society. The original applicant became a member of the society on 26-9-1965. It is stated the flat covered by the ejectment application was allotte




























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