(1) (919) AO 585/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk APPEAL FROM ORDER NO. 585 OF 2011 IN CIVIL APPLICATION NO. 807 OF 2011 Gaurishankar Ramsahay Chaurasia .. Appellant Vs. M/s. Majas Land Development Corpn. .. Respondent Ms. Prachi Khandge i/b M/s. M. P. Vashi & Associates for the Appellant. Mr. S. K. Pathare for Respondent Nos.1 & 2. Mr. D. A. Nalawade for Respondent No.3 in CA 807 of 2011. CORAM : MRS. ROSHAN DALVI, J. Date : 17 th August, 2011. P.C. 1. The agreement between the Appellant/Plaintiff and Respondent Nos.1 & 2 (Defendant Nos.1 & 2) titled Memorandum of Understanding dated 18th November, 2009 has to be effectuated between the parties. The due legal process which the Appellant/Plaintiff claims is the process agreed between the parties under the said MOU. 2. The Appellant/Plaintiff is stated not to be a slum dweller under a Slum Rehabilitation Scheme for development. The Appellant/Plaintiff entered into an agreement for purchase of a flat to be constructed by Respondent Nos.1 & 2. Hence upon frustration of the contract for any reason, the refund amount of the (2) (919) AO 585/11 consideration at the agreed rate of interest has to be made. That is the due legal process. This would come into effect if Respondent Nos.1 & 2 would be unable to allot the flat. How they would be unable to allot the flat is not shown. That would be seen only in their affidavit-in-reply to be filed in the interim application in the trial Court. The interim application shall then be considered by the trial Court. 3. The property is in a slum. The Appellant/Plaintiff is not a slum dweller. The Appellant/Plaintiff has no rights under the Slums Act. The Appellant/Plaintiff having been put in possession of the transit accommodation though he is a prospective purchaser has occupied it not under authority of law. That accommodation, therefore, cannot be protected by the Court pending the interim application. 4. The Appeal is, therefore, dismissed. 5. The Civil Application is disposed of accordingly. (ROSHAN DALVI, J.)