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1957 Supreme(Bom) 16

S.R.TANDOLKAR
Harilal Shamalji Parekh – Appellant
Versus
Jain Co-operative Housing Society – Respondent


Judgment -

1. This is a group of 58 revision applications presented by the tenants of the Jain Cooperative Housing Society Ltd., in respect of an order dated the 22nd of April 1955 passed by the Appellate Bench of the Court of Small Causes at Bombay. The few facts that are material for the determination of these applications are these. The petitioners as tenants had applied for fixation of the standard rent alleging that the contractual rent was excessive. It appears that the buildings were ready somewhere in 1949 and were occupied thereafter by the tenants. The land on which these buildings were constructed was the subject matter of negotiations for a lease between persons who subsequently became members of the Society and the Bombay Municipality. In 1942 the Society was registered and the negotiations were continued on behalf of the Society and in 1943 the Municipality accepted the offer made on behalf of the Society to grant a lease on the basis of Rs. 9/- per square yard of the entire land. However, before the lease could be obtained, the Plot was occupied by the military and it continued to be so occupied till some time in 1947. It was only on the 1st 08 September 1947 that pos





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