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1999 Supreme(Bom) 554

D.G.DESHPANDE
Canara Bank, Bombay – Appellant
Versus
Yusuf Abdulhussein Arsiwala since deceased through L. Rs. Fiza Yusuf Arsiwala & others – Respondent


JUDGMENT - DESHPANDE D.G., J.:--Heard Advocates for the petitioner/bank and respondents.

2. Three questions are involved in this case viz. (1) whether the suit premises were given to the petitioner/bank for the purpose of doing banking business; (2) whether the petitioner/bank has stopped banking business and are using the premises for godown purpose; and (3) whether there is change of user of the premises by the petitioner.

3. These questions arise because admittedly the petitioner/bank have denied that there was any change of user and the findings of both the trial Courts are against the petitioner/bank. Consequently these questions are required to be decided on the basis of record and arguments advanced by both the Advocates.

4. Exhibit 'A' is the notice dated 22nd July, 1974 given by the respondents/landlords to the petitioner/bank for vacating the premises on the ground of change of user. In that notice it is contended that the suit premises were let out specifically for the purpose of office only, and in fact till recently the petitioner had been carrying on their banking business therein. But since 1966 the Bank has shifted to some other premises and the petitioner has been u


















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