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2012 Supreme(Bom) 60

GIRISH GODBOLE
Pius Bonaventure Fernandes – Appellant
Versus
Manu Narang (Deceased) – Respondent


Advocates Appeared:
For the Petitioner:Mrs. Usha Purohit, Advocate.
For the Respondents:R1 (a) & R1 (b), P.S. Dani a/w Das Gupta i/b. M/s. Jhangiani Narula & Associate, Advocates.

Judgment :

1. Can a Landlord who has accepted the status of the Plaintiff as a tenant turn back and say that the Plaintiff is not the tenant? Can a Landlord who has made a statement before the Court that he has given undertaking to the BMC that the Defendant Landlord will allot the Plaintiff portion of equivalent area at the same place and location of the repaired/reconstructed building thereafter turn back and say that the tenant has no right to claim any tenancy in respect of the building which is constructed after demolition of the old structure? These are the principal questions which have to be answered in this Civil Revision Application.

2. By an order dated 31/3/2010, the learned Single Judge (J. H. Bhatia, J) had directed that the Petition will be finally disposed of. Subsequently by order dated 27/6/2011 rule was issued and liberty was granted to apply for a fixed date of hearing. Accordingly, the Petition has been heard by me. Respondent No. 1(c) Ashok Narang has died but his heirs are already on record as Respondent Nos. 1(a) and 1(b).

BRIEF RESUME OF FACTS

3. It is necessary to give a brief resume of facts. The Petitioner was the tenant of residential premises situated a





























































































































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