KAMAL K SAHASRABUDDHE Vs. CONTROLLER OF ACCOMMODATION

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, petitioners are challenging an order dated 22nd December 2006 confirming the order passed by the Controller of Accommodation, Mumbai dated 12th December 2005 in respect of the premises bearing Room No.32, Second Floor, Gopal Bhuvan, Khed Galli, Kaka Saheb Gadgil Marg, Dadar, Mumbai (hereinafter referred to as Requisitioned Premises) .

(2.) The facts necessary to appreciate the contentions of the petitioner are these. Petitioner's husband Krishnaji was allotted requisitioned premises in the year 1954 vide allotment order No.R-9/117-B/Gopal Bhuvan dated 2nd May 1954. He retired in the year 1982 and subsequently expired on 20th May 1997.

(3.) It is the case of petitioner that she resides in the requisitioned premises with her son, daughter in law and grand daughter. They do not have any other place of residence. It is their case that they have been paying rent to the first respondent which in turn was forwarded to the Landlord till 1980. Since, 1980, the rent is being paid to the owner which is a Trust. Thereafter, the building was sold to one Hasmani who in turn executed a power of attorney in favour of one Shri Guggi. All residents have been told to pay rent to said Guggi.