1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTON WRIT PETITION NO.2612 OF 2005 Chandrakant Gulabdas Patel & Ors. .. Petitioners V/s Mumbai Mahanagar Palika & Ors. .. Respondents Mr.K.H.Mody i/by M/s.S.Pathak & Co.for the petitioners. Ms.S.M.Modle for the Respondents. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 12th August, 2010. P.C. 1. Writ petition is not on board for final hearing, but it is taken on board by consent of the parties and heard finally. 2. Admittedly, the petitioner is the owner of the land and the building, and the Corporation is the tenant. By letter dated 9th May, 2005 Corporation has expressed its willingness to surrender possession of the building to the petitioner on his paying the amount of Rs.1,14,87,372.27 to the Corporation. The petitioner has however challenged the calculation of the amount. According to the petitioner, the Corporation is not entitled to this amount but is entitled to lesser amount. According to the petitioner the Corporation has also not paid the arrears of rent and therefore the petitioner is entitled to deduct the amount of rent from the amount demanded by the Corporation. 3. It is clear from the record that the dispute is on the exact area to be surrendered by the Corporation, which is relevant for calculating the 2 costs of construction and the costs of the land component. It being the disputed question of fact, it obviously cannot be resolved in the writ petition. 4. It is also an admitted position that the building was taken on rent by the Corporation for running a School. Corporation is no longer running a School in the building and the said building is lying vacant. In our opinion, following order would meet the ends of justice:- (A) On the petitioners depositing with the Corporation an amount of Rs.1,14,87,372.27 within a period of eight weeks from today, the Corporation shall, within a period of four weeks thereafter, hand over actual possession of the premises/property to the petitioners. (B) Petitioners shall be at liberty to institute proceedings for recovery of any amount, which, according to the petitioners has been paid in excess to the Corporation. (C) Corporation shall also be at liberty to demand from the petitioners any additional amount to which it may be entitled to, in accordance with law. 5. Petition stands disposed of. 6. Chamber Summons No.430 of 2007 and the Notice of Motion No.344 of 2010 stand disposed of. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)