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2022 Supreme(SC) 1142

M. R. SHAH, M. M. SUNDRESH
Sumer Corporation – Appellant
Versus
Vijay Anant Gangan – Respondent


Advocates appeared:
For the Appellant(s) : M/s. K J John And Co, AOR
For the Respondent(s): Mr. Shekhar Naphade, Sr. Adv. Mr. Rahul Tanwani, Adv. Mr. Anantha Narayana M.G., AOR Aishwarya Dash, Adv. Farah Hashmi, Adv. Mr. Kumar Mitakshar, Adv. Mr. Prashant Pratap, Adv. Mr. Tarun Gulia, Adv. Mr. Vikas Mehta, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned order passed by the High Court of Judicature at Bombay dated 05.11.2020 in Civil Revision Application No. 357 of 2017 by which while admitting the revision application preferred by the contesting respondents herein – original revisionists against the judgment and decree passed by the Appellate Bench of the Court of Small Causes at Mumbai and while staying the judgment and decree passed by the Appellate Bench, the High Court has directed the respondent No. 1 -original revisionist to deposit Rs. 2,50,000/-per month towards the compensation/mesne profit, the original lessor has preferred the present appeal.

2. At the outset, it is required to be noted that the property in question is situated in Worli area of Mumbai, which is in the heart of the city, at a very prominent place. The land on which the superstructure is constructed by the lessor was leased by the lessee by Lease Deed dated 16.08.1949 for a period of 30 years. The original lessee erected a building comprising of ground and four upper storeys, known as “Garment House”. In front of the “Garment House”, there were two chawl-like structures having a


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