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Mumbai Court February 1991 Judgments

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Feb 01 1991

C.K. Rao (Shri) Vs. Kanta Udharam Jagasia (Miss.)

Court: Mumbai

Decided on: Feb-01-1991

Reported in: 1991(2)BomCR403

Ashok Agarwal, J.1. The present revision application has been filed by the original-opponent seeking to challenge the judgment and order dated 31st March, 1990 passed by the Component Authority, Konkan Division, in case No. 2 of 1988. By the said order, the application of the respondent original-applicant for possession under section 13-A1(1)(A)(ii) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Bombay Rent Act') on the ground that the applicant who holds a scientific post in the department of Atomic Energy bona fide requires the suit premises for her occupation was decreed. The suit premises consist of flat No. 3 situate on the ground floor, Sindhi Immigrants Co-op. Housing Society Ltd., Little Malbar Hill, Chembur, Bombay 400 071. The same is in possession of the opponent on rent of Rs. 138/- per month. The said flat is situate in a building which consists of ground, first and second floor. The said building is constructed on a l...


Feb 01 1991

Maliram Gauridutt Mittal and ors. Vs. State of Maharashtra and ors.

Court: Mumbai

Decided on: Feb-01-1991

Reported in: 1991(3)BomCR404

S.M. Daud, J.1. These petitions under Article 226 of the Constitution take exception to the respondents purporting to re-fix the rent of the plots figuring in the petitions and threatening to recover the same along with interest-ordinary and penal, as with effect from the early 1970s.2. The plots of land figuring in these petitions are part of block No. 3, Backbay Reclamation, Bombay. In the year 1971, the State Government proposed to lease out plots in Block No. 3 to the different petitioners in these petitions-a vital term of the proposal being that the lands which were then submerged would have to be reclaimed by the intending lessees and that they would have to pay ground rent at a particular rate per metre. This proposal was accepted by the lessees who started the reclamation process. The ground rent was fixed at 6 1/2 % of the value of the land taken at Rs. 4,050/- per sq. metre. Other terms of the proposed lease were set out in a Government Resolution dated 1st March, 1972. This...


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