Document Fragment View

Matching Fragments

At the outset it would be necessary to describe the parties to the Civil Revision Application. The Applicant herein is the original Defendant No.2 to the suit; Respondent No.1 herein is the original Plaintiff and the Respondent No.2 is the original Defendant No.1 to the suit. The Maharashtra Regional and Town Planning Act would be referred to hereinafter as the "MRTP Act".
The case of the Plaintiff is that by an Agreement of Sale dated 5/6/1982 between the Plaintiff and one Oriental Developers, the Plaintiff purchased a residential premises being Flat No.2 on the ground of the building now known as Wahedna Apartment, situated at 75, Hill Road, CPS No.B-12, Bandra (West) Mumbai - 400 050 on ownership basis. The said Flat No.2 consists of 3 bedrooms, hall and kitchen. The said premises of the Plaintiff are abutting the open space of the Building. It is the case of the Plaintiff that he had also acquired a right in respect of the said open space. It is the case of the Plaintiff that the said open space is forming part of the said Flat No.2 and that the Plaintiff has a direct access to the said open space and has exclusive lgc 2 of 25 cra-448.13 possession of it. The said open space is admeasuring 21 ft. x 9 ft. x 8.6 ft. It is the case of the Plaintiff that the said open space is enclosed by a brick masonry wall and the Plaintiff has a direct access to the said open space. It is further the case of the Plaintiff that the right of the Plaintiff has never been challenged by the society. It is the case of the Plaintiff that he has neither constructed the brick masonry wall nor has provided direct access to himself to the said enclosed passage nor has carried out any development. It is the case of the Plaintiff that a notice under Section 53(1) of the MRTP Act was suddenly issued by the Assistant Commissioner, `H' Ward of the Defendant No.1 -