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2008 Supreme(SC) 628

A.K.MATHUR, ALTAMAS KABIR
Bharat Karsondas Thakkar – Appellant
Versus
M/s. Kiran Construction Co. ts – Respondent


JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. On 27.5.1949 one Sowar Ramji Vaity was given a grant by the Collector of Thane, which entitled him to lease of the lands in Serial Nos. 83-91 in village Mulund for a term of 999 years. Sowar Ramji Vaity died in 1965 leaving behind him four legal representatives, namely, Jagannath, Babu, Vishnu and Bhaskar. On 1.10.1973 the Vaitys entered into an Agreement with one K.L. Danani to sell their rights and interests in the said land for a total consideration of Rs.2 lakhs. In between April and June 1974, Mr. K.L. Danani constituted a partnership firm with one Mr. K.B. Thakkar and S.S. Thakkar under the name of M/s Swas Construction Company. B.K. Thakkar, the appellant herein, who was then a minor, was also admitted to the benefits of the partnership firm. As his contribution towards the partnership firm K.L. Danani brought the benefits of the said Agreement dated 1.10.1973 to the partnership firm. In 1976, with the enactment of the Urban Land (Ceiling and Regulation) Act, 1976, K.L. Danani claiming to be in possession of the lands in question under the Agreement dated 1.10.1973 filed a statement as required under Section 6(1) of the afore































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