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2021 Supreme(Bom) 527

A.K.MENON
Qutubddin Shaikh – Appellant
Versus
Nandanvan Co-operative Housing – Respondent


Advocates appeared:
Mr. Pradeep Sancheti, Senior Advocate A/W. Dr. Birendra Saraf, Senior Advocate, Mr. Karan Bhosale, Ms. Pallavi Bali, Ms. Neha Bhosale, Ms. Adeeba Khan I/B. Ndb Law, for the Appellant / Mr. S.U. Kamdar, Senior Advocate A/W. Mr. Nikhil Rajani I/B M/S V. Deshpande, Co, Mr. Rajiv Narula I/B Mr. Sachin Kaikani, Mr. Sagar Patil A/W. Ms. Yamuna Parekh, Mr. Abhijit Kulkarni, Ms. Jyoti Chavan Agp, for the Respondent.

JUDGMENT

1. The plaintiffs claim as lessee of a plot of land along with a bungalow thereon. Defendant no. 1 is a Co-operative Housing society whose property is presently under redevelopment carried out by defendant no. 2. According to the plaintiffs, defendant no. 1 is utilizing FSI of the plaintiffs' plot of land. The plaintiffs' plot of land along with the plot in the occupation of defendant no. 1 is described as "the Larger Plot" which was hitherto owned by defendant no. 3. Defendant no. 4 is the District Deputy Registrar of Co-operative Societies (DDR) who has issued order of deemed conveyance. Defendant no. 5 is the Municipal Corporation of Greater Mumbai (MCGM). Defendant no. 6 is the Slum Rehabilitation Authority.

2. In the suit the plaintiffs seek a declaration that plaintiffs are the lease holders of land ad-measuring G09.GG sq.mtrs pursuant to Indenture of Lease dated 29th February, 1980 read with Deed of Assignment dated 2nd December, 1981. In the alternative they seek declaration that they are entitled to exclusive use and occupation of said area of G09.GG sq.mtrs. Elsewhere the area is shown as 622 sq.mtrs ("Suit Land"). Out of G09.GG sq.mtrs, 522.56 sq.mtrs form the ent

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