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1989 Supreme(Bom) 170

S.C.PRATAP
Ahmed R. V. Peermohamed – Appellant
Versus
Jogi S. Bhar & others – Respondent


JUDGMENT - S.C. PRATAP, J.:---This is plaintiff's motion for action in contempt against defendants Nos. 5 to 23 as also the respondents who are the director of defendant No. 5 Company.

2. Facts and circumstances, briefly narrated, are as follows :

At Wodehouse Road, Colaba, there was situated an immoveable property "Marble Hall" owned by the plaintiff and occupied by his tenant's. The plaintiff instituted suits for possession inter alia under section 13(1)(hh) of the Rent Act against his tenants on the ground that he desires to demolish the said property and put up in its place a new building. The plaintiff undertook to give to his tenants premises in the new construction to be put up in place of the old building 'Marble Hall'. On 18th November, 1978, the plaintiff entered into an agreement of sale of his aforesaid property with defendant No. 4, a partnership firm with defendant Nos. 1 to 3 as partner's, thereof, for a consideration of rupees twenty five lacs and subjects to the rights of the tenants. The purchasers commenced construction of a new building `President House'. They also entered into agreement with defendant Nos. 5 to 23 who agreed to purchase flats in the new building















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