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1985 Supreme(Bom) 214

R.A.JAHAGIRDAR
Kalpita Enclave Co-operative Housing Society Ltd. . & others & Ishwar Chinga Shetty & another & Dharshan Singh Velkhu & others – Appellant
Versus
Kiran Builders Pvt. Ltd& Jivanji Bhulabhai Patel by his heirs & others & Sardar Saudagar Singh Bhala Singh & others – Respondent


Judgment

R.A. JAHAGIRDAR, J.:---The two appeals and the petition raise an important question of law relating to the jurisdiction of the authority constituted under section 7(2) of the Maharashtra Ownership Flats (Regulation of the Promotion of the Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to for brevity's sake as the "Ownership Flats Act"). Though the question which arises in all these three matters is common, for the sake of convenience I proceed to narrate the facts involved in Appeal No. 450 of 1985 from order. I will refer to the arguments advanced in support of that appeal by Mr. J.I. Mehta appearing for the appellants and also refer to the arguments urged on behalf of the appellants in the other appeal and on behalf of the petitioner in the Civil Revision Application. All the arguments on behalf of the persons who are challenging the view taken by the City Civil Court at Bombay are being dealt with and disposed of without some times specifically referring to the particular advocate who has made those arguments. Similarly the arguments on behalf of the respondents in all these matters are dealt with.

2. Now to the facts in Appeal No. 450 of 198




















































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