JUDGMENT - R.D. TULPULE, J.:---This is an appeal against the judgment and decree passed by the Judge, City Civil Court in S.C. Suit No. 8109 of 1972. The suit and the appeal which would ordinarily appear to be raising a simple controversy as between a landlord and tenant has assumed considerable proportion and magnitude.

2. The appellants are the original defendants---M/s. Nagji Vallabhji and Co. The first plaintiff is a firm "M/s. Megji Vijpar and Co., which was a tenant of Bay No. 4 in Fully Compartment" 'I' i.e. godown No. 4, which is situated at Rayon Grain Market at Dana Bunder. The dispute relates to Gala No. 4 in the said godown.

3. Stated briefly the case of the plaintiff was that the plaintiff firm which was initially only M/s. Meghji Vijpar and Co. alone were the tenants of the said premises, having taken the premises from the trustees of the Port of Bombay. That the defendants for some years in the part were in occupation of this godown No. 4 under written agreement from time to time, which was every time for one year commencing from Kartak Shudh 1 to Asho Vad 30 according to Samvat calendar. Last such agreement was executed on 7th November, 1970 and was to expire on 19th

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