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1991 Supreme(SC) 263

B.C.RAY, S.C.AGRAWAL
Mani Nariman Daruwala: Meharji K. Kajrkaria – Appellant
Versus
Phiroz N. Bhatena – Respondent


Advocates:
AJAY K.JAIN, C.V.RAPPAI, D.S.Chauhan, E.MAQBUL, Gopal Prasad, M.D.ADKAR, R.F.NARIMAN, Y.S.Chitale

JUDGMENT

S. C. AGRAWAL, J.:—

SLP (C) No. 16512/90

Special leave granted.

SLP (C) No. 8729/91

Delay condoned and special leave granted.

2. We have heard counsel for the parties in these appeals which arise out of the judgment dated October 5, 1990 passed by the High Court of Judicature at Bombay in Writ Petition No. 1491 of 1984 filed under Art. 227 of the Constitution of India and they are disposed by this common judgment.

3. Briefly stated the facts are as follows :

Premises comprising Block D, on the 3rd Floor of Contractor Building at Bai Awabai Kashinath Road, Bombay, was let out by the owners to one Nadirshaw P. Bhatena (hereinafter referred to as "Bhatena") on a monthly rent of Rs. 57.30 paise. The appellants in the appeal arising out of S.L.P. No. 16512/ 90 (hereinafter referred to as the appellants) are the owners of the said premises. The other parties to these proceedings are also described with reference to the said appeal. The tenancy of Bhatena was terminated by notice dated November 6, 1969 and thereafter he continued in occupation of the premises as a statutory tenant by virtue of protection conferred by the provisions of the Bombay Rents, Hotel and Lodging House Rates Cont
























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