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2015 Supreme(Bom) 1199

A.A.SAYED
Anajanbai Mahadeo Thorave – Appellant
Versus
Subhadra Pralhad Thorave – Respondent


Advocates:
Advocate Appeared:
Mr. P.M. Khankar for the Petitioners.
Mr. S.A. Inamdar for Respondent No.1.
Mr. S.P. Thorat for Respondents Nos. 2 & 3.
Mr. Amit Shastri, AGP for Respondent No.5.

ORDER

1. This Petition filed under Article 226 of the Constitution, impugns the order dated 26 March 2014 passed by the Respondent No.3-Vice President & Chief Executive Officer, Maharashtra Housing and Area Development Authority (MHADA) whereby the Respondent No.1 was certified as the occupant of Shop No.5, Building No.215-22A, Kalachawky Road, D.L. Marg, Chinchpokli, Mumbai - 400 012 (hereinafter referred to as 'Shop No.5') and it was directed that Respondent No.1 be given possession of Shop No.5 after redevelopment. Consequently, the name of the Petitioners as occupants of Shop No.5 was deleted from the list of occupants.

2. One Mahadeo Shankar Thorave (hereinafter referred to as 'Mahadeo') was the tenant of Shop No.5. He died on or about 26 February 1990. The tenancy in respect of Shop No.5 was transferred to the name of the Petitioners Nos.1 & 2, being the wife and son respectively of Mahadeo. Respondent No.1 is wife of the other son of Mahadeo. In or about 2001-02, the tenants of the building wherein Shop No.5 was situate formed a Co-operative Housing Society in the name of Shreemontaka Co-operative Housing Society Ltd., as they desired to redevelop the said building. Respondent































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