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1990 Supreme(SC) 438

K.RAMASWAMY, K.N.SAIKIA
Vasantkumar Radhakisan Vora – Appellant
Versus
Board Of Trustees Of The Port Of Bombay – Respondent


Advocates:
A.K.VERMA, A.S.BHASME, ASHOK DESAI, B.S.BASANIA, H.C.TUNARA, J.A.KARIA, M.N.SHROFF, U.J.MAKHIJA, V.N.GANPULE, V.N.PATIL, VIVEK DHOLAKIA

JUDGMENT


K. RAMASWAMY,J.:— The respondent is a statutory body corporate initially constituted under the Bombay Port Trust Act, 1879 (Bombay Act 6 of 1879), for short State Act. Under Section 26 thereof, the Board have power to acquire and hold, moveable and immoveable property and also have power to. lease, to sell or otherwise convey moveable and immoveable property which may have become vested in or acquired by them. The respondent has appointed A. J. Mescarnas, Assistant Estate Manager as their power Of attorney holder to lease out its properties from time to time or terminate the leases and to lay action for ejectment, etc. The respondent owns the building bearing Old R.R. No. 941 known as "Frere Land Estate" in which room No. 2 admeasuring 28.27 sq. meters was leased out to Vasantkumar Raidhakisan Vora, for short Vasantkumar.The appellants are his legal representatives. He was served with a notice under Section 106 read with Section 111(h) of the Transfer of Property Act terminating the tenancy in terms of the covenants of lease and was asked to deliver possession of the demised property giving one months time from 22nd January, 1975.

It was served on Vasantkumar on January 28,



























































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