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1969 Supreme(Bom) 78

D.V.PATEL
Devji Keshavji & Co – Appellant
Versus
Dahibai Bhailal Shah. – Respondent


ORDER

1. Respondent No. 1 is the owner of the building known as Neela Bhuvan, M/s. Bindraban Jain and Sons was a tenant of a godown consisting of four galas on the ground floor. The tenant sub-let three galas out of them to respondent No. 2 and the remaining to the petitioner. Respondent No. 1 filed a suit for ejectment against the tenant, M/s. Bindraban Jain and Sons being R. A. E. Suit No, 813/4237 of 1956. The petitioner on its own application was made a party to the suit. A Decree was passed against the original tenant on July 13, 1959 and the suit against the petitioner was dismissed and respondent No. 1 agreed to recognize the petitioner as direct tenant of the entire godown. The petitioner paid all arrears of rent to respondent No. 1 upto July 31. 1959 in respect of the entire godown, costs and Municipal taxes. Respondent No. 1 granted a lease for one year commencing from August 1, 1959. The date of the lease is December 4, 1959. The petitioner admits that respondent No. 2 became the direct tenant of respondent No. 1 under Section 14 of the Bombay Rent Act and the petitioner her contractual tenant.

2. After obtaining the lease the petitioner demanded rent from respondent No. 2













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