IN THE COURT OF JUDGE, CITY CIVIL COURT AT BOMBAY S.C. ...

21SC Suit No. 2572 of 2005certificate is at Ex.43.22. He also deposed that by letter dated 22.5.2002 Dy. ChiefEngineer of defendant conveyed approval of the said structureby heritage committee. It is at Exh.18. By letter dated 16.9.2003Collector of Mumbai called upon the plaintiff to pay arrears oflicense fee for the enclosure of front open space. It is at Exh.44.The plaintiff complied the said letter vide Exh.45. The plaintiffreceived acknowledgment from the office of Collector, Mumbaiabout the letter dated 19.11.2004 which is at Exh.46. Despite ofthis defendants once again issued notice u/sec. 351 of MMC Acton 11.5.2005 which is at Exh.20. The plaintiff replied the saidnotice vide Exh.21. However, the plaintiff also produced thedocumentary evidence but the defendant did not pay any hit toit and passed the impugned order about demolition.23. The witness is cross­examined at length by the Advocatefor defendant Shri Jadhav. He was questioned as to who is thelandlord of the plaintiff. The witness categorically replied thatplaintiff is tenant of J.N.Najir and others and he is ready toproduce rent receipts. He also admitted that J.N.Najir andothers are members of Soona Mahal CHS. The land on whichsociety building is situated belongs to the Government ofMaharashtra. He further admitted that the total area underrestaurant is about 366.68 sq. mts. He further admitted that thesuit filed in the year 1983­84 was withdrawn as it was a