RAJIV GANDHI NAGAR RAHIVASI WELFARE SOCIETY Vs. MHADA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 30th September, 2002 passed by the Bombay City Civil Court, mumbai in Short Cause Suit No. 3273 of 1997, dismissing the suit filed by the appellant/original plaintiff for a declaration that the action of the defendants in demolishing structures standing on the suit plot is illegal and seeking a decree for mandatory injunction directing the defendants to reconstruct the demolished structures with perpetual injunction to prevent anybody from interfering with the reconstructed structures. FACTS: the facts giving tise to the suit as disclosed in the plaint are as under:

(2.) PLAINTIFF No. 1 is an Association duly registered under the Societies registration Act, 1860. Plaintiff No. 2 is the President of the said Association; while plaintiff No. 3 is its Secretary. Plaintiffs contend that the members of the Association running into more than 400 were occupying huts on plot of land bearing Survey No. 263 (Part), located at Babrekar Nagar, link Road, Kandivah (W), Mumbai. ("the suit property" for short ).

(3.) THE plaintiffs averred in the plaint that each of their members was having identity card issued by Election Commission. The hut in question were erected on the said plot of land by him. . The said structures were leased out to various persons, after the death of Shri. Bhika Bala Pawar, by one of his legal representatives, by name; Shri. Jagdish Yashwant Pawar, much prior to 1985, who are now members of the 1st plaintiff-Society.