Rule. Made returnable forthwith.

1. This appeal relates to the alternate accommodation required by the appellant/plaintiff as well as his sister and brother of the premises constructed by MHADA. The appellant sued MHADA, his sister and brother in respect of the permanent accommodation which had to be given by MHADA. The original premises stood in the name of the grandfather of these siblings. After his death their mother became the tenant. The mother has been issued vacation notice as the occupant. The mother shifted in the transit accommodation along with the sister and brother of the plaintiff. The plaintiff did not shift in the transit accommodation due to inconvenience. The plaintiff has claimed a share in the tenanted premises essentially as the heir of his mother.

2. The relationship between the parties is admitted. The fact that the original accommodation was tenanted to the grandfather is admitted. The fact that the mother became a tenant thereafter is admitted. The fact that she was given vacation notice is also admitted.

3. It is the contention of the plaintiff that when the permanent and alternative accommodation was ready and was allotted on 5th may, 1987 al