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1967 Supreme(Bom) 40

THAKKAR, PATEL
Narayandas S. Kanuga – Appellant
Versus
Sarasvatibai D. Joshi – Respondent


Advocates:
H. G. Advani with S. P. Kanuga, for Appellant; S. T. Tijoriwala with R. M. Parekh, for Respondent No. 1; K. J. Abhyankar with A. M. Desai, for Respondent No. 2.

JUDGEMENT :- There is a rectangular plot of land abutted on two sides by road on the south by B.J. Road and on the east Gram Panchayat Road. It measures 1895 Sq. Yards. Small plots of land, thirteen in number, were given to various persons by the owner who have built small shops of about nine feet high and they have been running the shops. The owner says they re licensees while the occupants say they are tenants. The Municipal Corporation and the owner say that the constructions are unauthorised and the former has issued notice for demolition. The owner wants to develop the plot and wants to build a multi-storeyed building. She offered the occupants accommodation in the building but they are not satisfied with what was offered and she had to file suits in the Small Cause Court for eviction which art pending.

2. In the meantime she got the plans sanctioned on June 19, 1965. She had collected funds and materials ready. But as the occupants of the shops refused to vacate, to save time, she approached the Corporation for permission to build a part of proposed building to which the corporation gave sanction on June 11, 1966.

3. The two appellants filed suits against her and the Corporatio















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