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1988 Supreme(Bom) 357

H.SURESH
Omprakash Tulsiram & others – Appellant
Versus
H. J. Leach & Co. – Respondent


JUDGMENT - H. SURESH, J.:---If a tenant claims a right of way, say, a private road, which leads to his premises, and contends that any obstruction by the landlord in the user thereof is an interference with his right to quite enjoyment of the demised premises, which Court will have jurisdiction to entertain and try such a suit? Secondly, to what extent he can enforce his right of way? These are the two questions which arise in this matter.

2. In the suit filed in the Bombay Civil Court bearing No. 8313 of 1987, the plaintiffs/tenants have pleaded that they are the tenants in respect of godowns being Block No. D and D/1 and an open space together admeasuring 7,600 square feet in Gupta Mills Estate, Reay Road, Bombay-400 010. The defendants/respondents are the landlords of the said premises. The plaintiffs say that the demised premises were let out to them by the defendants in September 1940 and that right from the inception of their tenancy they were entitled to the use of the road passing through the Estate for egress and ingress, for the beneficial enjoyment of the demised premises. The road passes through Estate and reaches Reay Road. They further say that the said road in the Es































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