PIUS BONAVENTURE FERNANDES Vs. MANU NARANG

JUDGEMENT

(1.) Can a Landlord who has accepted the status of the Plaintiff as a tenant turn back and say that the Plaintiff is not the tenant Can a Landlord who has made a statement before the Court that he has given undertaking to the BMC that the Defendant Landlord will allot the Plaintiff portion of equivalent area at the same place and location of the repaired/reconstructed building thereafter turn back and say that the tenant has no right to claim any tenancy in respect of the building which is constructed after demolition of the old structure These are the principal questions which have to be answered in this Civil Revision Application.

(2.) By an order dated 31/3/2010, the learned Single Judge (J. H. Bhatia, J) had directed that the Petition will be finally disposed of. Subsequently by order dated 27/6/2011 rule was issued and liberty was granted to apply for a fixed date of hearing. Accordingly, the Petition has been heard by me. Respondent No. 1(c) Ashok Narang has died but his heirs are already on record as Respondent Nos. 1(a) and 1(b).

(3.) It is necessary to give a brief resume of facts. The Petitioner was the tenant of residential premises situated at 6 th Floor on the rear side of the building known as 'Gorden House' situated at 5, Battery Street, Colaba, Mumbai for an approximate carpet area of 364.36 sq. feet. One Manu Narang (Predecessor in title of the Respondents) purchased the said building and thus became landlord. In the month of May, 1989 a portion of the said building collapsed. As a result of which the Mumbai Repairs and Reconstruction Board which is a constituent Board of Maharashtra Housing and Area Development Authority (MHADA) established under the Maharashtra Housing and Area Development Act, 1976 took steps under Chapter 8 of the MHAD Act, 1976. The Petitioner was granted temporary transit accommodation in a transit camp at Borivali in the month of November, 1989. The Petitioner was thus an occupant in respect of the said building "Gorden House".