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2003 Supreme(Bom) 258

R.M.S.KHANDEPARKAR
Hindustan Ferrodo Ltd – Appellant
Versus
Hari Lachman Hasija – Respondent


JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard the learned Advocates for the parties. Rule. By consent, the rule is made returnable forthwith.

2. The petitioners are challenging the judgment and order dated 2-5-2002 passed by the Appellate Bench of the Small Causes Court at Mumbai in Appeal No. 600 of 2001 whereby the appeal filed by the petitioners against the order of the trial Court has been dismissed. The trial Court by its judgment and order dated 28-8-2001 had decreed the suit filed by the respondents and had directed the petitioners to deliver vacant and peaceful possession of the suit premises, comprising of Flat No. 7, situated on the 4th floor in a building known as Kalpataru Apartments Co-operative Housing Society Limited, 39th Peddar Road, Mumbai-400 026. The said decree was passed in a suit filed by the respondents on the ground that under the agreement of leave and licence dated 11-8-1970, the petitioners were allowed to occupy the suit premises in consideration of compensation to the extent of Rs. 1250/- per month, in addition to Rs. 100 per month for the use of the garage. The said licence was for a temporary period and on expiry thereof there was repeated demand for va






















































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