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2019 Supreme(Bom) 629

S.C.GUPTE
Aliasgar Razaali Zaboli – Appellant
Versus
Chief Officer, Mumbai Building Repair and Reconstruction Board – Respondent


Advocates Appeared:
Rakesh Agrawal, Adv., Chanchal S Sharma, Adv., P.G. Lad, Adv., Ram U Singh, Adv., G.S. Mehta & Associates, Adv.

JUDGMENT :

S.C. Gupte, J.

Heard learned Counsel for the parties.

2. This writ petition challenges an order passed by the Chief Officer, Mumbai Building Repair and Reconstruction Board on 25 January 2018.

3. The controversy in this petition concerns the right of Respondent No.3 herein, who is the legal heir of original tenant/occupant of Room Nos.24, 25 and 26 ("premises"), in a building known as Mohammedi Mansion, situated on the plot of land bearing Final Plot No. 400 of TPS IV, Mahim Division, Junction of Gokhale Road (South) and Baburao Parulekar Marg, Dadar (West), Mumbai-400 028. The property is under development under a scheme under Regulation 33(7) of Development Control Regulations for Greater Mumbai, 1991 ("DCR"). Originally, the premises were occupied by one Razaali Gulamhussain Zaboli (Razaali) as a tenant. Razaali expired on 1 October 1995, leaving his widow Munawar and his three sons, i.e. the Petitioner and Respondent Nos.3 and 4 herein, as legal heirs, who were also in occupation of the premises with him. Razaali's widow Munawar passed away on or about 31 August 2006. Subsequently, by a deed of conveyance dated 27 December 2009, the erstwhile owner of the building sold a






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