PATRICIA FARRELL FERNANDES Vs. COMMISSIONER OF MUMBAI MUNICIPAL

JUDGEMENT

(1.) The First Appeal is at the instance of Original Plaintiff challenging the Judgment and order dtd. 5/3/2020 passed in S. C. Suit No. 327 of 2008 by the Bombay City Civil Court at Bombay Borivali Division, Dindoshi(Branch), dismissing the suit filed inter alia challenging the notice dtd. 27/12/2007 issued under Sec. 351 of the Mumbai Municipal Corporation Act, 1888 ("the MMC Act "). For sake of convenience the parties are referred to by their status before the Trial Court.

(2.) The case of the Plaintiff is that she is the Tenant/Occupant of suit premises being Room No. 1086 (4) admeasuring approximately 775 to 800 sqr. ft. situated at Andheri, Mumbai for last 25 years. Initially the suit was filed only against the Corporation and subsequently the Defendant No 2 who claimed to be the landlord of the property, applied for impleadedment and was impleaded. It was pleaded in amended plaint, that Defendant No. 2, though claiming to be landlord, has not issued any letter of attornment to the tenants and has refused to accept the rent tendered by the Plaintiff. The Defendant No. 2 intending to develop the property has managed to evict all tenants except the Plaintiff.

(3.) It was further pleaded that on 27 th December, 2007, the Municipal Commissioner had issued notice to the Plaintiff under Sec. 351 of the MMC Act alleging unauthorized extension to the existing structure which was replied on 31 st December, 2007. On 13/2/2008, she received rejoinder from the Corporation stating that the documents submitted by her were not enough to deal with the matter and rejected the request of personal hearing in the matter and threatened demolition within seven days. It was pleaded that the Plaintiff has purchased the suit premises from the outgoing tenant with the consent and permission of the then landlord Shri. Jayantilal M. Desai who has issued rent receipt in her name. The Defendant No. 2 has filed R. A. E. Suit No. 143 of 2009 in the Small Causes Court which is pending on ground of arrears of rent, which makes the intention to evict clear.