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2023 Supreme(Bom) 1524

SANDEEP V. MARNE
Faime Makers Pvt. Ltd (earlier known as M/S Fairmont Construction Pvt. Ltd. ) – Appellant
Versus
District Deputy Registrar, Co-operative Societies (3), Mumbai – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ashish Kamat, Senior Adv. a/w Mr. Mayur Khandeparkar, Mr. Aseem Naphade, Mr. Amar Khanna, Mr. Yugal Bhatia, Mr. Haris Koradia.
For the Respondents: Mr. Aditya Lele, Mrs. V.S. Nimbalkar, AGP.

JUDGMENT :

1. By this petition, Petitioner challenges order dated 5 October 2021 passed by the District Deputy Registrar Co-operative Societies (3), Mumbai and competent authority granting unilateral Deemed Conveyance of leasehold rights of land admeasuring 1321.36 square meters, societies’ building and undivided rights in recreational ground admeasuring 1519.56 square meters in favour of the Respondent no.2 society.

2. Briefly stated, the facts of the case are that one Nanbhoy Byramjee Jeejeebhoy was the owner of piece and parcel of land admeasuring 6382.10 square meters and bearing CTS no.75 and 75/1 to 5,8,9,11 to 34 Survey no.22 Hissa no.1 (part) village Bandivali, Hill Raad, Jogeshwari (West), Mumbai (large property). On 24 July 1951 a Deed of Conveyance was executed between Nanabhoy Byramjee Jeejeebhoy and Byramjee Private Limited (BJPL) by which the larger property was sold to BJPL. A lessor and Respondent no.3 (Ramkishor Singh Kunjbihari Singh) was inducted as lessor in respect of land admeasuring 1 Acre and 20 Gunta i.e. about 6070.22 out of larger property. Lease is for

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