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1997 Supreme(Bom) 375

F.I.REBELLO
Abdul Haque Umar Khan – Appellant
Versus
Estate Manager-II, Bombay Housing and Area Development Board and another – Respondent


JUDGMENT - F.I. REBELLO, J.:---The petitioner in this petition impugns the order dated 26th March, 1990 passed by the Appellate Officer under the Maharashtra Housing and Area Development Act, Bombay, in Appeal No. 40 of 1989. By the said order, the appeal preferred by the petitioner was dismissed. The said appeal was against the order dated 31st January 1989 passed by the Competent Authority directing eviction of the petitioner as unauthorised occupant of Block No. C-31/269. M.I.G. Gandhi Nagar, Bandra (East).

2.The respondent No. 2 was allotted a tenement by the Maharashtra Housing and Area Development Authority (in short MHADA) on 9th July 1982 on a monthly rent of Rs. 123.75 Ps. Sometime in May 1967 the Tenancy Arrangement was converted into a Hire Purchase Scheme whereby the allottee was required to make monthly payment towards the purchase of the tenement. Sometime in September 1974 respondent No. 2 vacated the premises and started occupying Flat No. 7, Garden King, Santacruz, Bombay. In October 1972 the petitioner came to occupy the said tenement under a financial arrangement with the respondent No. 2. The initial induction of the petitioner was without the permission of the










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