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2015 Supreme(Bom) 505

ROSHAN DALVI
Parwan Construction Pvt. Ltd. – Appellant
Versus
Ranjitsingh Linga – Respondent


Advocate Appeared
For the Plaintiff:Vivek Walavalkar a/w. Sameer R. Bhalekar, Vidita S. Bhalekar, Advocates.
For the Defendants:D1 & D2, S.S. Joshi, D3, Neel Pungaliya a/w. Sheetal Mehta i/b. M/s. Adhia & Adhia, Advocates.

Judgment

1. The plaintiff claims ownership rights over the larger property in which the suit property is situated from one Muktaben Sanghavi. The defendants claim their rights in respect of suit property which is Unit No.1-C admeasuring 976 sq. ft from Muktaben Sanghvi. Muktaben Sanghvi has executed a conveyance of her entire property in favour of one Mehta and Kanakiya on 2nd January, 1997, Exhibit-G to the plaint. Mehta and Kanakiya have conveyed the suit property to the plaintiff on 31st October, 2002 Exhibit-A to the plaint.

2. The entire property of Muktaben Sanghvi consisted of a plot of land with two structures thereon being Shed–I and Shed–II and an open space in between and surrounding the two sheds surrounded by a compound wall. Part of the property has gone in road widening from where the compound wall has been demolished. Part of shed-I has also gone in road widening. That part has yet not been demolished.

3. Shed–I consisted of about 12 galas. They are tenanted to different persons. This suit is concerned with unit / gala No.1C admeasuring 976 sq. ft.

4. Defendant No.3 (D3) was the tenant of Muktaben Sanghavi in respect of unit / gala No.1-C. Muktaben Sanghavi executed an



















































































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