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1990 Supreme(SC) 217

KULDIP SINGH, M.H.KANIA, R.M.SAHAI
Rosnan Sam Boyce – Appellant
Versus
B. R. Cotton Mills LTD. – Respondent


JUDGMENT

KANIA, J. :- Leave granted. The appeal is taken up for final hearing. Counsel heard.

2. The short facts necessary for the disposal of the appeal are as follows:

The appellant is the owner of a bungalow known as "Villa Hormazd" at 8-A Carmichel Road, Bombay. The suit premises, comprising two floors of the said bungalow, were leased to Mayer Mills Ltd. under a lease deed dated April 16, 1948 for a period of three years from November 1, 1947. At that time, the bungalow belonged to the father of the appellant. On the death of the father of the appellant in 1949, the appellant became the landlady of the said bungalow. Respondent No. 1, B. R. Cotton Mills Ltd., is the successor-in-interest of Mayer Mills Ltd. and at the relevant time was in possession of the suit premises as a tenant. Respondent No. 2 is the Chairman of respondent No. I and the other respondents are some of the Directors of respondent No. 1. The appellant filed a suit being R.A.E. No. 763/65-63 of 1966 in the Small Cause Court at Bombay for eviction of respondent No. 1 from the suit premises and for possession on the ground of reasonable and bona fide requirement. During the pendency of this suit, another suit for













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