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HIGH COURT OF BOMBAY
A.A. SAYED, J
Smt.Anajanbai Mahadeo Thorave – Appellant
Versus
Subhadra Pralhad Thorave – Respondent
| Table of Content |
|---|
| 1. initial tenancy and subsequent disputes over occupancy. (Para 2) |
| 2. certification by mbr&r board does not adjudicate rights. (Para 6 , 9) |
| 3. court's refusal to interfere with findings of the authorities. (Para 12) |
| 4. clarification on substantive rights and resultant actions. (Para 13 , 14) |
ORDER:
1 This Petition filed under Article 226 of the Constitution, impugns the order dated 26 March 2014 passed by the Respondent No.3- Vice President & Chief Executive Officer, Maharashtra Housing and Area Development Authority (MHADA) whereby the Respondent No.1 was certified as the occupant of Shop No.5, Building No.215-22A, Kalachawky Road, D.L. Marg, Chinchpokli, Mumbai - 400 012 (hereinafter referred to as 'Shop No.5') and it was directed that Respondent No.1 be given possession of Shop No.5 after redevelopment. Consequently, the name of the Petitioners as occupants of Shop No.5 was deleted from the list of occupants.
2. One Mahadeo Shankar Thorave (hereinafter referred to as 'Mahadeo') was the tenant of Shop No.5. He died on or about 26 February 1990. The tenancy in respect of Shop No.5 was transferred to the name of the Petitioners Nos.1 & 2, being the wife and son respectiv
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