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1990 Supreme(Bom) 212

H.H.KANTHARIA
Jiwan Nath Razdan – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - H.H. KANTHARIA, J.:---On or about November 15, 1965, the petitioner was posted as Settlement Officer-cum-Deputy Custodian of Evacuees property in the office of the Regional Settlement Commissioner at Bombay. Respondent No. 4 was an employee of Glaxi Laboratories India Limited at Bombay and was transferred to Delhi in the year 1965. One K.K. Kapoor who is the brother-in-law of respondent No. 4 negotiated with the petitioner on behalf of respondent No. 4 and the petitioner was put in possession of a residential flat bearing No. D 67/650 situate at M.I.G. Colony, Gandhi Nagar, Bandra (East), Bombay (hereinafter referred to as "the suit premises") on a monthly compensation of Rs. 250/-. The said flat was taken on hire-purchase basis by respondent No. 4 from the Maharashtra Housing Board and the period of hire-purchase was to expire on 31-7-1979. According to the petitioner, he had made all the payments to the Maharashtra Housing Board towards the hire purchase agreement whereas it is the case of respondent No. 4 that in fact he had made all the payments. The petitioner contended that sometimes he made payments to one V.K. Sibal, brother-in-law of K.K. Kapoor. He also conten





























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