MUMBAI BUILDING REPAIRS AND RECONSTRUCTION BOARD, A UNIT OF THE MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY Vs. DHIRUBHAI DAMANI (NIRWANA APPARELS PVT. LTD.)

JUDGEMENT

(1.) By these 8 petitions filed under Article 226 of the Constitution of India, the petitioner has impugned the order dated 4th September 2018 passed by the learned Appellate Officer allowing the appeals filed by the respondents and setting aside the order dated 13th August 2007 passed by the competent authority. By consent of parties, all the petitions were heard together finally at the admission stage and are being disposed of by a common order. Parties through their respective counsel agreed that this Court shall deal with the facts in Writ Petition No.746 of 2019 as lead matter in view of the facts being identical in all 8 matters. I am thus dealing with the facts in Writ Petition No.746 of 2019 and the order passed by this Court in the said judgment will apply to the remaining writ petitions. Some of the relevant facts in Writ Petition No.746 of 2019 are as under :-

(2.) By Deed of Conveyance dated 5th June 1975 between Badrivishal Pannalal Pittie & Ors. and Shivlal Ramnath Daga & Anr. Shivlal Ramnath Daga & Ashadevi L. Daga had purchased the suit property bearing Old no.661 & 676, Old Survey Nos.70 & 1/70, New Survey No.3/7131 sq.yards equivalent to 1435.58 sq.mtrs. together with structure standing thereon. The said property described in the said Deed of Conveyance is the land admeasuring 1647 sq.yards equivalent to 1376.97 sq.mtrs. or thereof together with the bungalow and the stable standing thereon.

(3.) It is the case of the petitioner that recital of the said Deed of Conveyance specifically mentioned that one Jamnadas Bhagwandas was the original tenant of the land together with the structure standing thereon since 1946 and the said Jamnadas Bhagwandas had sublet the same to one Ramnath Daga and the rent receipt was standing in the name of Ramnath Daga who was in possession and occupation of the same as a protected tenant under the Rent Control Act and as per the order passed by the Small Causes Court in suit bearing RAE No.56/413 of 1961.