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2006 Supreme(SC) 1448

S.B.SINHA, MARKANDEY KATJU
Shreedhar Govind Kamerkar – Appellant
Versus
Yesahwant Govind Kamerkar – Respondent


Advocate Appeared:
For the Appellant :Mr. Uday Lalit, Sr. Advocate with Mr. Chinmoy Khaladkar, Mr. P.N. Patwardhan, Mr. S.K. Nandy, Advocates.
For the Respondent:Mr. Shekhar Naphade, Sr. Advocate with Mr. Shivraj M. Jadhav, Advocate.

JUDGMENT :

S.B. Sinha, J.

Leave granted.

2. Parties herein are brothers. The dispute between them is tenancy right in respect of a premises known as 'Navalkar Building' situate at N.C. Kelkar Road, Dadar in the town of Mumbai. Appellant herein allegedly acquired the said tenancy right in terms of a deed of assignment entered into by and between him and one Saraswati Balkrishna Pawar and three others. One Krishna Tatoba Pawar alias Balkrishna Tatoba Pawar was the original tenant of the said premises. He was running a hair cutting saloon therein under the name and style of 'Anant Hair Dressing Saloon'. He died leaving behind him the assignors of the said deed of assignment dated 18.01.1966. The business as also the tenanted premises was assigned for valuable consideration. He was allegedly carrying on business therein. Leave and licence agreement was executed by him in relation to the self-same premises in favour of one Shri Walke on 01.02.1970. The said Walke was running a business in the said premises under the name and style of 'Deepak Provisional Store'. A dispute arose between the parties resulting in initiation of a proceeding under Section 145 of the Code of Criminal Procedure. T

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