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2016 Supreme(Bom) 1365

SHALINI PHANSALKAR JOSHI
Nirmala Ramswaroop Makkar Gaud (since deceased) by heirs – Appellant
Versus
Dy. Municipal Commissioner Brihan Mumbai Mahanagar Palika Mahapalika Bhavan – Respondent


Advocates Appeared:
For the Appellant : Mr. Madhav Jamdar.
For the Respondent-BMC: Mrs. M.R. Bhoir, Mr. G.V. Murti a/w. Mr. Pradip Dubey.

JUDGMENT :

1. This appeal is preferred against dismissal of the L.C. Suit No. 5756 of 2000 vide Judgment and order dated 06.05.2005 by the City Civil Court, Mumbai.

2. Facts of the appeal can be stated, in brief, as follows:

The appellant claims that he was residing along with his family in Room No.227/6 in the compound of Shanti Co-operative Housing Society Ltd., Mogul Lane, Mahim, Mumbai - 400 016. According to him, the said room was made of GI Sheet wall and GI sheet roof and was admeasuring about 25' x 9'6". It was situated in the compound of Shanti Co-operative Housing Society. He came into possession of the said room while he was residing along with one Budhram Arjun Singh, who has constructed the said room, much prior to 1960, even before the building of Shanti Co-operative Housing Society came into existence. According to the appellant, there were in all six rooms of the same measurement and same dimension in the compound of Shanti Co-operative Housing Society, including his room.

3. It is further case of the appellant that in the year 1975, as the Budhram, with whom he was residing, decided to go to his native place permanently, he sold the said room to the appellant and execu














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