SAURIN KETAN JARIWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Petition impugns (i) an order as also (ii) a certificate of Deemed Conveyance both dtd. 17/10/2019 passed by Respondent No. 2 i.e. the District Deputy Registrar Co-Operative Societies, Mumbai, being the Competent Authority under the provisions of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sales Management and Transfer) Act, 1963 ('MOFA') on an Application filed by Respondent No.3 under Sec. 11 of MOFA. The relevant facts are as follows :-

(2.) The Petitioner claims to be the successor in interest of a partnership firm known as Venisons. By and under a Deed of Assignment and Transfer dtd. 14/11/1979 entered into between one Ms. Tehmina Khorshed Karanjia and Venisons, the building known as 'Quetta Terrace' ('the said building'), and land bearing Plot No.10, Cadastral Survey No.427 of Malabar Hill Division in D Ward ('the said land') was leased to Venisons. The members of Respondent No. 3 were the tenants in respect of the flats in the said building.

(3.) Since the said building was in dilapidated condition, Venisons decided to redevelop the same. It was for this purpose that from the year 1991 Venisons entered into various agreements with the tenants of the said building for redevelopment of the same and to provide alternate accommodation to the existing tenants.