S. SIDDHARTH CONSTRUCTION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri. Girish Kulkarni, learned senior counsel for the Applicants, Shri. A. R. Patil, learned APP for the State/Respondent No.1 and Shri. Sipahimalani, learned counsel for the Respondent No.2.

(2.) The Applicants have challenged the order dtd. 06/12/2016 passed by learned Metropolitan Magistrate, 27 th Court, Mulund, in C.C.No.136/SW/16.

(3.) The complaint was filed by the Respondent No.2. It is the case of the Respondent No.2 that, she along with her family was in exclusive use, occupation and possession of the premises bearing Room No.49, at Salphadevipada, P. K. Road, Mulund (W), Mumbai 80 since last several years. The Applicants herein were entrusted with the re-development of the building in which this room was situated. For that purpose, necessary agreements were entered into between the Applicants and Mulund Salpadevipada Sai Krupa CHS Ltd. It is her case that, she was promissed that she would be given an alternate accommodation within 18 months and she would be given rent for temporary accommodation till her permanent accommodation was given to her. It is her case that, such rent was not paid and she was not given accommodation till filing of the complaint and even till today. On these allegations, the complaint was filed.