B.LENTIN, S.K.DESAI
J. Satyavrata & another – Appellant
Versus
Mohamedbhai Abdulhussein Sadiq Bahreinwalla & others – Respondent
B. LENTIN, J.:---The two petitioners before us are the tenants of flats on the 2nd and 4th floors of New Ready money Building (renamed Alhafiz Building) situate at Clare Road, Byculla, Bombay. The respondents are the present landlords of this building which compromise of a ground and four upper floors and has in all 55 tenants. The tenants were in enjoyment of the service of a lift in this building. It appears that in 1974 the respondents predecessors-in-title had partially withdrawn the lift facility by restricting the working hours of the lift from 10.00 a.m. to 2.00 p.m. and from 4.30 p.m. till 8.30 p.m. in the place of the original working hours viz. from 9.00 a.m. till 9.00 p.m. Original proceedings were thereupon initiated against the respondents predecessors-in-title by the tenants which resulted in the restoration of the lift service to the original hours, viz. from 9.00 a.m. to 9.00 p.m. and the concemitant withdrawal of the criminal proceedings. On 1st April, 1975, the respondents became the owners of New Ready money Building, whereafter, according to the petitioners, the respondents started harassing the tenants in various ways, with the result that the tenants f
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