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1997 Supreme(SC) 298

S.SAGHIR AHMAD, K.RAMASWAMY
Ashok Caterers – Appellant
Versus
Municipal Corporation Of Greater Bombay – Respondent


ORDER

This special leave petition arises from the judgment and order dated January 15, 1997 passed by the learned Single Judge of the Bombay High Court in W.P. No. 6276 of 1996.

2. The petitioner had a lease on monthly basis and the respondent had offered it for five years though the petitioner had not accepted the same. Subsequently, as found by the courts below, the lease expired in January 1990 by afflux of time. However, the tenancy was determined by order dated December 24, 1994. Thereafter, summary proceedings were initiated under Section 105-B(1) of the Bombay Municipal Corporation Act (for short, the "Act") and eviction order was passed. The petitioner filed an appeal before the Civil Court which by order dated 5th December, 1996 affirmed the eviction order. Feeling aggrieved, the petitioner filed the writ petition which has come to be dismissed by the High Court. Thus this special leave petition.

3. Shri Bhimrao Naik, learned senior counsel for the petitioner placing reliance on a decision of this Court in Prakash Warehousing Co. v. Municipal Corporation of Greater Bombay & Anr.1, contends that the respondent has no power to unilaterally terminate the tenancy, af








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