S.B.SINHA, R.V.RAVEENDRAN
Seema Arshad Zaheer – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
Question 1? Question 2? Question 3?
Key Points: - The Court held that the High Court was justified in vacating temporary injunction where there was no prima facie case and the structures were unauthorized. (!) (!) - Interference under Article 136 is permissible when lower court discretion is arbitrary, capricious, or perverse or ignores settled law. (!) (!) (!) - The criteria for granting a temporary injunction in demolition cases include prima facie case, balance of conveniences, and irreparable injury, with clean hands. (!) (!)
JUDGMENT
Raveendran, J. — These matters relate to certain alleged unauthorized structures put up in plot no. X, XI, XIIA later renumbered as Plot Nos. 7 to 10 of Palton Road Estate, Saboo Siddique Road, Mumbai - 40 bearing Cedestral Survey No.14/1504 of Fort Division, Mumbai, belonging to the Central Works Public Department, Government of India. The said land, it is alleged, was leased to one Mohamedbhai Abdullabhai Moonim under lease-deed dated 6.7.1939. The said property was thereafter known as Moonim compound.
2. According to the petitioners, the said tenant - Mohamedbhai Abdullabhai Moonim, who was carrying on business therein under the name of M/s Abdullabhai Faizullabhai, assigned his business to M/s Abdullabhai Faizullabhai Private Ltd., a company promoted by him, in or about the year 1947; and the said company let out several portions thereof to different sub-tenants. It is alleged that Abdullabhai Faizullabhai Private Ltd assigned all its right, title, interest and claim in the said property to M/s Global Marketing, a partnership firm, under deed of assignment dated 21.9.2000, for a consideration of Rs.18 Lakhs, on as is, where is basis subject to the condition that it sha
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