D. K. Jain, J. - (1.) These petitions under Article 136 of the Constitution, are directed against the judgment, dated 14th September, 2005, rendered by the High Court of Judicature, at Bombay in First Appeal No.580 of 2005 and order dated 28th October, 2005, passed in the review petition, whereby the appeal as well as the review application preferred by the petitioner against the judgment of the Bombay City Civil Court, dismissing his suit have been dismissed.
(2.) In order to appreciate the controversy involved, a few relevant facts may be stated.
(3.) The petitioner is the original plaintiff. He filed a suit for declaration and permanent injunction against the Bombay Municipal Corporation (hereinafter referred to as the "Corporation", restraining them from carrying out demolition of the property bearing Shed No.80, Bombay Talkies Compound, Malad (West) Bombay. The case of the petitioner is that since 1969 he is the tenant in respect of an open piece of land admeasuring 1118 sq. feet, owned by a Trust, namely, Ram Kumar Jalan Public Charitable Trust, respondent No.2 herein. This land was given to him with a right to put up construction thereon as per the rent receipt dated 13th May, 1969. He carried out further construction on the plot prior to 1981 and constructed ground plus two upper floors. According to the petitioner, a fire broke out in the suit premises and the adjoining premises on 25th August, 1999, affecting the second floor along with the loft therein. On being informed, an officer of the Corporation inspected the site, prepared the inspection report and observed that no major damage was caused to the structure.;