The Petitioners are legal heirs of one Madhukar Keshav Lad (“Madhukar”), who was the original appellant in Appeal No.8 of 2006, in which the appellate order of the authority challenged herein was passed. The Petitioners along with Madhukar claimed to be in use and occupation of tenement No.431, Building No.43 situated at MHB Colony, Ekta Nagar, Dahanukar Wadi, Dattamandir Cross Road, Kandivli (West), Mumbai-400 067 (“tenement”). The tenement is the subject matter of the petition. The Respondent authority's case under Section 66 of the Act is that Respondent No.2, brother of Madhukar, was the original allottee of the tenement. Respondent No.2 had applied for the tenement under a scheme of the Respondent authority vide application dated 17 November 1983. In response to this application, an intimation of allotment was issued to him by the authority on 15 December 1986. By this allotment letter, Respondent No.2 was called upon to file an affidavit on stamp paper furnishing inter alia passport size photographs of his family members, whose names were to be included in the Schedule to the application and who would be occupying the tenement along with him. The affidavit dated 5 January 1987 which is submitted in response to this requisition is on record. The application itself, which is on record, shows names of all family members including Madhukar, brother of Respondent No.2, and his family members including the Petitioners herein, as part of the application. A passport size photograph of Madhukar appears on this affidavit, as also a photograph of his family members including Respondent No.2 and the
