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2021 Supreme(Bom) 1680

BHARATI DANGRE
Raigad Co-Operative Housing Society Ltd. – Appellant
Versus
Suman Eknath Gaike – Respondent


Advocates Appeared:
For the Petitioner: S.M. Gorwadkar, Sandeep Mishra.
For the Respondent: Harshad Inamdar.

JUDGMENT :

In narrow compass, the facts leading to the writ petition and two civil revision applications, which are listed and argued before me can be succinctly set out as under :

2. The three proceedings involve property located at City Survey No. 112-A (1 to 5), Plot No. 5, in Mouza Panchpakadi Taluka and Sub Division Thane, admeasuring 648.85 sq. meters. The respondents in the proceedings, Smt. Suman Gaike asserts that she is the owner of the suit property, which is purchased by her along with her husband, who has predeceased. A building known as “Shivneri” was constructed on the said land, which comprised of 20 flats and the premises were let out to various tenants. It is her case that for some point of time, when her husband was alive and was away at native place, the tenants formed a Society titled as ‘Raigad Co-operative Housing Society Limited’ (refer to as “the Society”) on 7-9-1989. The building was in dilapidated condition and most of the tenants moved away. This constrained Suman Gaike to institute distinct civil suits before the Civil Judge, Senior Division, Thane under the Bombay Rent Control Act, seeking eviction of tenants and payment of rent due and payable.

3. While

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