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1971 Supreme(Bom) 3

K.K.DESAI, G.N.VAIDYA
Diwanchand Gupta – Appellant
Versus
N. M. Shah – Respondent


JUDGMENT - Vaidya, J.

1. The above four petitions under Article 227 of the Constitution of India are directed against an order dated November 28, 1969 passed by the Chief Judge of the Court of Small Causes at Bombay in two applications filed under Section 507 of the Bombay Municipal Corporation Act, 1888. The said two applications were filed by respondent Nos. 2 to 8 in special civil application No. 259 of 1970, who own the premises bearing No. 61. Clive Road, Danabunder Bombay No. 9 consisting of a ground floor and two upper floors. Municipal Application No. 174/M of 1966 was filed against 17 tenants, one of whom is the petitioner in special civil application No. 259 of 1970. He was respondent No. 259 of 1970. He was respondent No 15 in the application. Municipal application No. 175/M of 1966 was filed against 16 respondents mentioned therein, of whom the petitioners in special civil application Nos. 744, 745 and 750 were some of the respondents. They were described as occupants, who were not the tenants of the owners.

2. In both the applications respondents Nos. 2 to 8 in special civil application No. 259 of 1970 (who will be hereinafter described as "the owners") stated that they































































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