JUDGMENT - DAGA V.C., J.: - This petition challenges the order dated 23-2-1999 passed by the Appellate Bench of the Small Causes Court, Mumbai, whereby the appeal preferred by the respondent Nos. 4 and 5 obstructionists came to be allowed and the obstructionists notice came to be set aside.

THE FACTS :

The facts giving rise to the present petition in nutshell are as under:

2. The petitioner is the owner of a property known as "Sudama House" situated at Kandivali, Mumbai. Respondent No. 1 was his monthly tenant occupying a portion of an otla (i.e. verandah admeasuring (6 x 3') by the side of shop No. 6 located in the said 'Sudama House'.

3. The respondent No. 1 was carrying on his tailoring business from the said Otla (hereinafter referred to as "the suit premises") provided with electricity supply. He had paid rent till May, 1964. He, thereafter, failed and neglected to pay any rent. Respondent No. 1 left Mumbai and went to Godhara (Gujarat), his native place sometime in the year 1963. He, while leaving Mumbai, assigned his tenancy rights in favour of respondent Nos. 2 and 3 and put them in possession of the suit premises. Since rent was not paid for several months and respondent Nos.

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