Devnarayan Razak vs. Municipal Corporation Of Gr. Mumbai

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.3931 OF 2008 IN FIRST APPEAL (ST) NO.17290 OF 2008 Office notes, office Memoranda of Coram, appearances, Court's orders or directions : : : Court's or Judge's Orders : & Registrar's orders : Mr.M.S.Menon, adv. for Applicant. CORAM: J.H.BHATIA, J. DATE : 29th July, 2008. P.C.: Notice to the respondents returnable one week. Ad-interim relief in terms of prayer clause (b) till then. (J.H.BHATIA, J)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATIONNO. 3931 OF 2008 IN FIRST APPEAL NO. 1684 OF 2008 Devnarayan Razak ... Appellant (Org. Plaintiff) Vs. Municipal Corporation of Gr.Bombay Respondent (Org. Defendant) Mr. M.S.Menon, Advocate, for the appellant. Mr. J.J.Xavier, Advocate, for the respondent. CORAM: J.H.BHATIA,J. DATE: 2nd September, 2008. P.C. Heard the learned Counsel for both the parties. The Appeal is admitted. According to the plaintiff, the suit structure was in possession of his father since 1950 as tenant of M/s. Indian Hume Pipe Co.Ltd. However, the plaintiff has produced rent receipts for few months of 1997. According to him, the assessment bill for the year 1998-99 shows the property was assessed prior to 1961-62 and therefore, it is protected. He also points out that the Municipal Corporation had offered some alternative accommodation in May 2003 by notice under Sec. 105B of the Municipal Corporation Act. This statement of the plaintiff was not challenged in the cross-examinatin by the defendants. Taking into consideration these circumstances, interim relief in terms of prayer clause (b). (J.H.iBHATIA, J.)