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1988 Supreme(Bom) 321

SHARAD MANOHAR
M. S. Shastri – Appellant
Versus
Hilla M. Batliwalla & others – Respondent


JUDGMENT - SHARAD MANOHAR, J.:---The main question involved in this writ petition is nothing but arithmetical calculation. There are other questions involved, but the petition is capable of being decided even without deciding those questions. However, it is also true that if those question are decided in favour of the respondent landlady, then on these questions as well, all by themselves, the present petition is capable of being decided against the present petitioner.

2. I will first state the skeletal facts necessary for formulating the questions arising in the petition.

(A) The dispute relates to a three bed-room Flat, admeasuring about 1500 sq.ft. It includes also a garage on the ground floor. There is no dispute that the flat is in a building belonging to the Co-operative Housing Society and that it belongs to the respondent (who will be referred to hereafter as the Landlady). Admittedly M/s. Kailas Castings Pvt. Ltd., (who will be referred to as defendant No. 1) entered into agreement of leave and licence with the landlady for occupation of the Flat (hereafter the suit premises) on the payment of monthly compensation of Rs. 900/- The Agreement was signed by M. S. Shastri, the p



















































































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