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1955 Supreme(Bom) 242

Y.V.DIXIT, M.C.CHAGLA
Ram Bhagwandas – Appellant
Versus
Municipal Corporation of the City of Bombay – Respondent


Judgment

1. These three appeals raise a common question and can be disposed of by a common judgment. The premises in question belong to the Bombay Municipality and they were open plots of land and they were let out to one Khudabaksh Irani about 30 years ago, and in 1947 this Irani sold this land to Tyaballi. Irani erected structures on this open plot of land and let out tenements in those structures to various tenants, and the three appellant before us are tenants to whom the tenements were let out by Irani.

In August 1951 the Bombay Municipality filed a suit for ejecting Tyaballi and on 30-1-1952 a consent decree was arrived at between the Municipality and Tyaballi. Under this decree the defendant was to deliver up vacant and peaceful possession of the plot clear of all structures standing thereon, and the decree further provided that in the event of the defendant failing to remove the structures on or before 29-2-1952, the defendant was to give up possession of the said plot, together with the structures standing thereon, to the plaintiff.

Tyaballi failed to remove the structures and, therefore, the Municipality sometime in 1954 started execution proceedings, and the appellants in t





















































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