SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1953 Supreme(Bom) 172

M.C.CHAGLA
P. D. Aswani – Appellant
Versus
Kavashah Dinshah. – Respondent


JUDGMENT - Chagla, C.J.

1. Opponents Nos. 4, 5 and 6 who were defendants Nos. 1 to 3 in the suit obtained a lease from opponents Nos. 1, 2 and 3 who are the plaintiffs to the suit, on 27-3-1942. The lease was to commence from 1-4-1942, and its duration was up to 31-8-1943, with an option to the lessees to renew it for eight months. The lessees exercised the option and thereafter the lease was renewed from time to time it was finally renewed on 1-11-1948, and its duration was up to 31-10-1949. On 1-9-1949, defendants Nos. 1 to 3 sublet the premises to the petitioner, who is defendant No. 4 in the suit.

On 29-9-1949, defendants Nos. 1 to 3 informed the plaintiffs that they were going to surrender the premises on 31-10-1949, and that defendant No. 4 would give them possession. As defendant No. 4 refused to surrender possession on 31-10-1949, the plaintiffs filed a suit for ejectment on 16-1-1950. The trial Court dismissed the suit, but in appeal the learned Assistant Judge has reversed the decision of the trial Court and passed a decree in favour of the plaintiffs. It is against that decision that this revision application is preferred.

2. Now, it is sufficient to uphold the decision o
















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top