Omkar Co-operative Hsg. Society Ltd. vs Kishore Kalyanji Badiani

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT
Dama Seshadri Naidu, J
Omkar Co-operative Hsg. Society Ltd. – Appellant
Versus
Kishore Kalyanji Badiani – Respondent

Advocates:
For the Appellants/Petitioners: V. S. Kapse i/b Sonal Doshi & Co.
For the Respondents: S. M. Railkar

Table of Content
1. background of multiple eviction suits against assignee. (Para 1 , 2 , 3)
2. details of consent terms impacting tenancy rights. (Para 4 , 5 , 6)
3. arguments from the assignee regarding amendment validity. (Para 11 , 12 , 14)
4. court's examination of procedural rules governing amendments. (Para 17 , 19 , 20 , 31)
5. court's concluding observations on interim compensation and appeal process. (Para 35 , 39 , 43)

JUDGMENT :

WP No.9128 of 2014:

The petitioner society—Omkar Co-operative Hsg. Society Ltd.—owns the property now in respondent Kishore Kalyanji Badani’s possession. Kishore got that property with the assignment of tenancy from Jatashankar Kaluram Tiwari, the original tenant. He is no more. As he was the second defendant in the suit, now his legal representatives are on record. So Kishore was the assignee and Jatashankar the assignor. The deed was registered.

2. The Society filed RAE Suit No. 1050 of 1995 against both the assignor and the assignee for eviction on the grounds of subletting and structural changes to the property. The trial Court decreed the suit on 29.08.2008. After that, the assignee filed Appeal No. 618 of 2008 before the Appellate Bench of the Smal

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BOMBAY HIGH COURTDama Seshadri Naidu, JOmkar Co-operative Hsg. Society Ltd. – AppellantVersusKishore Kalyanji Badiani – Respondent

BOMBAY HIGH COURT
Dama Seshadri Naidu, J
Omkar Co-operative Hsg. Society Ltd. – Appellant
Versus
Kishore Kalyanji Badiani – Respondent