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1953 Supreme(Bom) 24

M.C.CHAGLA, J.C.SHAH
Ahmedalli Abdulhusein Kaka and Anr. – Appellant
Versus
M. D. Lalkaka – Respondent


Judgment - Chagla, C.J.

1. There is not much substance in this appeal. An order made by the learned Chief Judge of the Court of Small Causes, Bombay, under Section 507, Bombay Municipal Corporation Act was challenged by the petitioners who asked for a writ of certiorari. The learned Judge dismissed the petition, and from that order of dismissal this appeal is pre-ferred.

2. The petitioners are the owners of a property situate at Abdul Rehman Street. Two notices were served by the Municipality upon the petitioners calling upon them to carry out certain repairs. Plans were submitted by the landlords to the Municipality; those plans were not approved of by the Municipality, and a further notice was served upon the owners drawing their attention to the fact that a part of the property abutted upon Abdul Rehman Street and was within the set back line, and the owners were called upon to carry out the repairs and to demolish that part of the building which was within the set back line. The owners then served notices upon the occupants of the building calling upon them to vacate the property in order to enable the landlords to carry out the repairs as requisitioned by the Municipality. But









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