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1981 Supreme(SC) 425

BAHARUL ISLAM, R.S.PATHAK
Ludhichem Agencies – Appellant
Versus
Ahmed R. V. Peer Mohamed – Respondent


Advocates:
Anil B.Divan, D.V.PATEL, E.C.AGARWAL, HEMANT SHARMA, P.H.Parekh, R.SATISH, S.V.BHATT, SOLI J.SORABJEE

Judgment

ORDER :- This and the connected petitions pray for special leave to appeal to this Court against the refusal of the Bombay High Court to grant relief under Article 227 of the Constitution in the matter of the dismissal of six declaratory suits filed by the petitioners.

2. The first respondent, Ahmed R. V. Peer Mohamed, is the owner of a property, "Peerbhai Mansion", situate on Vithalbhai Patel Road, Bombay. He let out the entire first floor to the second respondent, Smt. Saraswatibai Dahyabhai Bhatt. The first floor consisted of a hall and three rooms and an adjoining terrace. It seems that Saraswatibai sub-divided the hall into a number of cabins, and transferred them to the occupation of the petitioners in this and the connected special leave petitions. The landlord served a notice dated July 28, 1962 on her terminating her tenancy and thereafter filed an ejectment suit No. 576/5157 of 1962. A decree for ejectment was passed in 1966. An appeal by Saraswatibai was dismissed in 1972. The landlord took out execution of the decree. Obstructionist notice was served on all the petitioners and was made absolute in favour of the landlord on February 27; 1974. The petitioners appe

















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