2010 Supreme(Bom) 197
A.S.OKA
RANJITSINGH LINGA – Appellant
Versus
MUNICIPAL CORPORATION OF GREATER MUMBAI – Respondent
( 1 ) BY this writ petition under Article 227 of the constitution of India, the petitioners who are the original plaintiffs have taken an exception to the judgment and order dated 26th August, 2009 passed in Chamber summons No. 329 of 2009 in L. C. Suit No. 1483 of 2009. ( 2 ) THE petitioners filed the aforesaid suit for challenging the notice dated 17th September, 2008 issued by the 1st respondent-Corporation in exercise of powers under section 351 of the Bombay Municipal Corporation Act, 1888. The petitioners are claiming to be the owners of the gala bearing No. 1/3 admeasuring 976 sq. ft situated at Dhiraj Pen Compound, J. B. Nagar, Andheri (E), Bombay 400059. The said premises (hereinafter referred to as the suit premises) include a loft. The petitioners have claimed that they acquired the suit premises on the basis of Agreement dated 31st August, 1992. In paragraph 1 (c) of the plaint the petitioners have stated that the said Shed No. 1 along with Shed No. 2 are situated in the Dhiraj Pen Compound situated on land bearing Plot No. 1-A, c. T. S. No. 183 of village Mulgaon and C. T. S. No. 34 of village Chakala, Taluka andheri, Mumbai Suburban district. It is contended that the
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