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2009 Supreme(Bom) 1188

A.S.OKA
Surendra B. Agarwal – Appellant
Versus
AML Merchandising Pvt Ltd. – Respondent


Advocates appeared:
Mr.D.Madan, Sr.Counsel alongwith Mr.Farhan Dubash i/by M/s.Dastur Dadhich & Kalambi for the petitioners. Mr.Karim Vakil alongwith Mr.Sanjay Chaturvedi for the respondent.

Judgment :

ORAL JUDGMENT

By this writ petition under Article 227 of the Constitution of India the petitioners have taken an exception to the judgment and order dated 17th January 2009 passed by the learned Additional Commissioner, Konkan Division. The petition arises out of proceedings of application under section 24 of the Maharashtra Rent Control Act, 1999 (hereinafter referred to as the said Act).

2.With a view to appreciate the submissions made by the learned counsel appearing for the parties, it will be necessary to briefly refer to the facts of the case. The petitioners herein are applicants in an application filed under section 24 of the said Act and the respondent company in this petition is the respondent in the said application. The petitioners have described the suit premises subject matter of dispute in paragraph 3 of the application. It is stated that one Mrs.Najoo Behram Bhiwandiwala was the original owner of the larger property in which the suit premises are situated. The petitioners claim that by Deed of Conveyance dated 13th December 2007 they have acquired a larger property from the said Mrs.Najoo Bhiwandiwala. The case of the petitioners is that under an earlier A








































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