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1984 Supreme(Bom) 7

R.A.JAHAGIRDAR
Nusserwanji E. Poonegar and others – Appellant
Versus
ShirInbai F. Bhesania and others – Respondent


JUDGMENT - Jahagirdar R.A. J -The facts leading to this petition have been set out in great details and with sufficient accuracy in the judgments of the two courts below and hence it is not necessary for me to narrate the same. However, for the disposal of this petition a brief restatement of the facts is warranted.

2. The suit premises in so far as this petition is concerned, consist of the first floor of a building bearing No. 10A and situate on Shankarsheth Road, Bombay 400 007. Original respondents Nos. 1 and 2 were, according to the petitioners, the legel representatives of the original licensee.

3. The petitioners filed a suit being L. E. Suit No. 145/407 of 1976 in the Small Cause Court at Bombay against respondents Nos. 1 and 2 under section 41 of the Presidency Small Cause Courts Act, 1882, as amended by Maharashtra Act No. 19 of 1976. Prior to this amendment section 41 of the Act provided for proceedings which could be initiated by a licensor against a licensee through an application. After the amendment, in effect a licensor has to file a regular suit and it is thus that the aforesaid suit was filed by the petitioners against respondents Nos. 1 and 2. The said suit which w






























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