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1992 Supreme(Bom) 567

S.M.DAUD
Bomi Munchershaw Mistry – Appellant
Versus
Kesharwani Co-operative Housing Society Ltd. and others – Respondent


Judgment

S.M. DAUD, J.:---This is a suit for enforcing rights allegedly conferred under conveyance dated 20th March 1951 - hereinafter referred to as ""Ex.B"".

2. Ratanchand Hirachand Doshi was the owner of a fairly large and valuable property comprising land and structures thereon which property was acquired by him on 15-4-1947 for a consideration of Rs. 6,55,580.80 ps. (see Ex. A-95). Certain parcels of vacant land from out of this property were transferred under three different transactions dated 28-11-1947, 18-5-1949 and 27-4-1950. That left Ratanchand with land measuring 6350.40 sq.yds. with various structures thereon. The structures included Ratan Villa also known as 'Ratan Villas' or the 'main bungalow', servants' quarters, out-house/guest-house, Secretary's house and garages. The area on which these structures stood covered 1292 sq.yds. A thousand sq.yds. to the west facing the Arabian Sea was required to be kept vacant as per the Government convenient. The vacant area in bits and pieces totalled 2375 sq.yds. This last figure has been arrived at after excluding from the whole, the area of 565 sq.yds. covered under Ex.B, and that, admittedly required to be kept vacant accordin


































































































































































































































































































































































































































































































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