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1976 Supreme(Bom) 128

DESHPANDE, JOSHI
S. R. B. Gaikwad – Appellant
Versus
Union of India – Respondent


Advocates:
S.C. Chagla with M.N. Kothari, M.J. Bhatia and P.K. Pandit, for Petitioner; M.V. Paranjpe with L.J. Manjrekar and J.H. Parekh, for Opponents Nos.1 and 2.

Judgement

DESHPANDE, J. :- The building in which flat No.8 is located and several other buildings once belonged to Messrs. Colaba Land and Mill Company Ltd. This flat and several other flats were obtained on lease by the Governor General in Council under a written agreement dated 21st June, 1944. The Garrison Engineer of the Defence Department is treated as the tenant on behalf of the Governor General. The Colaba Land and Mill Company Limited went into liquidation and the buildings were purchased in or about 1966 by a Housing Co-operative Society formed by the tenants of the flats therein under the name and style of Colaba Land Co-operative Housing Society Ltd., hereinafter referred to as 'the Society', from the Official Liquidator with the sanction of this Court. The Society had offered for sale all the flats to the Central Government held by it as tenant, in the same manner as were purchased by the other tenants by becoming a member of the Society and purchasing such shares as would justify member's occupation of the flats as such members. The Government, however, declined the offer, making it clear that sale of the building to the Society would be subject to the tenancy rights he











































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