vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1375 OF 2005 NOTICE OF MOTION NO.1375 OF 2005 NOTICE OF MOTION NO.1375 OF 2005 IN SUIT NO.1239 OF 2005 Babulal S. Bhartiya ... Plaintiff V/s. Angarika Investments & Finance Pvt. Ltd. & Ors. ... Defendants Mr.Rajiv Kumar i/b N.A. Mahto for Plaintiff Ms.S. Sreedharan for Defendant No.2 CORAM: SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, J. J. J. DATED: JUNE 28, 2006 JUNE 28, 2006 JUNE 28, 2006 P.C.: P.C.: P.C.: . According to the Plaintiff, he is entitled to a flat in the proposed building on ownership basis. It is submitted on behalf of the Plaintiff that he surrendered his tenancy and the building was demolished. In lieu of the tenament which was in his possession, the plaintiff claims he is entitled to a flat in the new building on ownership basis. 2. The learned Advocate for Defendant No.1 who is developing the property submits that Shop No.6 situate on the first floor of the building having carpet area of 155 sq.ft. will be kept vacant and will not be allotted or transferred or otherwise dealt with by Defendant No.1 till the suit is heard. He further states that although the building is complete, the occupation certificate has not been obtained from the Mumbai Municipal Corporation. : 2 : Once the occupation certificate is obtained, the plaintiff will be put in possession of the tenament. However, the issue as to whether the plaintiff will be in possession on ownership basis or tenancy basis will be decided in the suit itself. 3. Defendant No.1 shall inform the Plaintiff once the occupation certificate is obtained. 4. Motion is disposed off accordingly.