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2013 Supreme(Bom) 2548

ROSHAN DALVI
Shaikh Jaber Abdulah J AI Sabah – Appellant
Versus
Ravindra Mukund Chafe – Respondent


Advocate Appeared
For the Plaintiff:Haresh Jagtiani, Sr. Advocate, a/w. Ms. Olga Lume-Pereira, Ms. Vandana Mehta, i/b. Yashpal Jain & Suprabh Jain, Advocates.
For the Defendants:D1, Rohan Cama, T.N. Tripathi, a/w. Sapna Rachure, i/b. T.N. Tripathi & Co., D2, Shailesh Shah, Sr. Counsel, a/w. Mamta Sadh, Sunil Jadhav, i/b. Hemant Deshpande, Advocates.

JUDGMENT

1. The Plaintiff has sued for recovery of possession of a flat being flat No. No.6 in AlJabriya Court at 69, Marine Drive, Mumbai 400 020 from the Defendants. The Plaintiff is the owner of the suit building. The Plaintiff has relied upon the property register card in that behalf.

2. Defendant No.1 claims through the Plaintiff's erstwhile tenant. Flat No.6 was earlier tenanted to Jayantilal Desai. After his death his wife Urmila J. Desai continued to occupy the flat until her death and after which their daughter Renuka continued to live in the suit flat. Jayantilal's contractual tenancy extended to his wife and his daughter as statutory tenants of the Plaintiff under the provisions of Section 5 (11) (c) of the Bombay Rent Act, 1947 r/w. 7(15) (d) (i) of the Maharashtra Rent Control Act, 1999. The last statutory tenant Renuka Shah expired on 23rd April, 2010 without leaving behind any heirs and legal representatives leaving with her at the suit flat at the time of her death.

3. The Plaintiff claims that he is entitled to the revisionary rights in the suit flat. The Plaintiff has sued for recovery of possession thereafter from the Defendants who are stated to be trespassers. It






































































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