DATTATRAYA SHANKAR KARADE Vs. MAHARASHTRA HOUSING

JUDGEMENT

(1.) Rule. Made returnable forthwith.

(2.) The relationship between the parties is admitted. The fact that the original accommodation was tenanted to the grandfather is admitted. The fact that the mother became a tenant thereafter is admitted. The fact that she was given vacation notice is also admitted.

(3.) It is the contention of the plaintiff that when the permanent and alternative accommodation was ready and was allotted on 5th may, 1987 all the heirs of the tenants/occupants, their mother would be entitled to permanent alternative accommodation. It is the contention of the sister defendant No.2/respondent No.2 of the plaintiff (who is the only contesting defendant/respondent) that she would be entitled to permanent alternative accommodation with her brother defendant No.3/respondent No.3 to the exclusion of the plaintiff because the plaintiff did not live in the original premises when it was tenanted as also in the temporary/transit accommodation.