Mumbai Court July 1996 Judgments
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Sheikh Mohammed S/O Sheikh Gulab and ors. Vs. the Additional Commissio ...
Court: Mumbai
Decided on: Jul-01-1996
Reported in: 1997(4)BomCR415
R.G. Deshpande, J. 1. These two petitions are being dealt with by this common judgment as the point involved is the same. It also relates to the lands belonging to same respondent who had sold the lands to the non-tribals and, then, had applied for restoration of both the lands. For the purpose of clarity, it would be better to narrate the facts of both the cases separately.2. In Writ Petition No. 232/1985, the petitioner - Sheikh Mohammed Sk. Gulab, is the purchaser of field Survey No. 125/A with an area of 3 acres and 38 gunthas, situated at village Mokadi Tq. Hingoli of which, the original owner happened to be one Gangaram Raghoji Bele, the respondent No. 2. This respondent No. 2 -Gangaram sold the above-said field to one Rama Dudhaji Kharat and Dudhaji Bhagwanrao Kharat, the respondent Nos. 3 and 4 in the present petition. Subsequently, the said respondent Nos. 3 and 4 sold the same field to the present petitioner - Sk. Mohammed s/o Sk. Gulab. The sale-deed between Dudhaji and the ...
Chowgule and Co. Ltd. Vs. Rizvi Estates and Hotels Pvt. Ltd. and anr.
Court: Mumbai
Decided on: Jul-01-1996
Reported in: 1997(4)BomCR648
R.K. Batta, J.1. The petitioner was occupying an area of 163.5 square metres as tenant of respondent on payment of Rs. 863/- per month in a building near Customs House. The respondent wanted to demolish the said old building and wanted to construct a multi-storeyed building. There were 3 tenants in the said building including the petitioner. The petitioner and the respondent entered into an agreement on 2-4-1988 in pursuance of which the petitioner vacated the said tenanted portion of the old building with an understanding that in the new building built-up area of 98.1 square metres together with the corresponding mezanine floor of 29.40 square metres shall be transferred to the petitioner on ownership basis within 2 months after occupancy Certificate was obtained. The petitioner was to be put back in possession of the new premises within 8 months of 2-4-1988. In the meantime, the petitioner was temporarily accommodated in Shop Nos. 6 and 7 without any payment. Shop No. 6 consisted of ...
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