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july 1996

Supreme Court of India · 1996-07-12

ALIJI MEMONJI & CO. vs LALJI MAVJI .

Citation / case number
SC 1993/89443
Court
Supreme Court of India
Petitioner
ALIJI MEMONJI & CO.
Respondent
LALJI MAVJI .
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Section 351 of the Municipal Corporation Act, the landlord is a necessary party in a suit for perpetual injunction against the Municipal Corporation for demolition of a building. The Court established that the landlord has a direct and substantial interest in the property, and their presence is essential for complete and effective adjudication of the dispute. The appeal was dismissed, affirming the High Court's decision that the landlord's rights would be materially affected by the demolition.

ALIJI MEMONJI & CO. vs LALJI MAVJI . · Niyam