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2001 Supreme(Bom) 987

J.A.PATIL
Hector Hoshang Mehta & others – Appellant
Versus
Marol Nand Dham Udyog Premises Co-op. Society Ltd – Respondent


JUDGMENT - J.A. PATIL, J.:---This is a suit for declaration of title, possession and arrears of rent together with incidental prayers. The plaintiffs are the owners of the suit land which is a large plot of land, admeasuring 25034.88 sq. metres, bearing Survey No. 61 Hissa Nos. 1 to 6, Survey No. 62/ 1 to 2, Survey No. 63/ 1 to 11, Survey No. 64/ 1, 4-A, 9 and 10 and Survey No. 65/ 3 to 5 situate at Marol Maroshi Road, Andheri, Mumbai. The defendants are a Co-operative Society registered under the Maharashtra Co-operative Societies Act. By an indenture of lease dated 29th July, 1972, made between the plaintiffs and defendants, the plaintiffs demised the suit land together with the buildings standing thereon or which may be constructed upon it for a term of 98 years commencing from 1st January, 1970, for a monthly rent of Rs. 9000/ payable on or before 10th of each calendar month. The said indenture of lease is duly registered and it contains certain terms and conditions. Besides the payment of rent, as stated above, the lessees agreed to insure the buildings constructed on the suit land together with full insurable value against loss or damage by fire in the joint names of the less




































































































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