NIRMALA RAMSWAROOP MAKKAR Vs. DY MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) This appeal is preferred against dismissal of the L. C. Suit No. 5756 of 2000 vide Judgment and order dated 06.05.2005 by the City Civil Court, Mumbai.

(2.) Facts of the appeal can be stated, in brief, as follows: The appellant claims that he was residing along with his family in Room No.227/6 in the compound of Shanti Co-operative Housing Society Ltd., Mogul Lane, Mahim, Mumbai - 400 016. According to him, the said room was made of GI Sheet wall and GI sheet roof and was admeasuring about 25' x 9'6 ". It was situated in the compound of Shanti Co-operative Housing Society. He came into possession of the said room while he was residing along with one Budhram Arjun Singh, who has constructed the said room, much prior to 1960, even before the building of Shanti Co-operative Housing Society came into existence. According to the appellant, there were in all six rooms of the same measurement and same dimension in the compound of Shanti Co-operative Housing Society, including his room.

(3.) It is further case of the appellant that in the year 1975, as the Budhram, with whom he was residing, decided to go to his native place permanently, he sold the said room to the appellant and executed the payment receipt dated 20.01.1975 for the amount of Rs.2000.00. It is, thus, case of the appellant that while he was in peaceful possession of the said room, his first daughter was born while he was staying there with Budhram, since much prior to the purchase of the said room. He was also having Ration Card and Identity Card on the address of the said room.