J.P.DEVADHAR, S.RADHAKRISHNAN
NUSLI NEVILLE WADIA – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent
S. RADHAKR1SHNAN, J.
( 1 ) HEARD the learned Counsel for the parties. Rule. Rule is made returnable forthwith by consent. The learned Counsel for the respondent No. 1 waives service. The presence of respondent No. 2 is not necessary for the purpose of disposal of this petition, as he is a formal party.
( 2 ) THE basic challenge in the Petition is with regard to two orders passed by respondent No. 2-Estate Officer dated 26-8-2005 being Exhibit m and another order dated 12-1-2006 being Exhibit q to the petition. The petitioner also seeks inspection and better particulars. The brief facts are that the petitioner is a lawful monthly tenant of Flat No. B/27 on the 5th floor of the building known as Mayfair Gardens, Little Gibbs Road, Malabar Hill, Mumbai - 400 006, (hereinafter referred to as the said premises ). It appears that the petitioner was lawfully inducted in the said premises on 1st October, 1972 as a genuine lawful tenant. The petitioner has been regularly paying all the rent and permitted increases to respondent No. 1 which is a nationalised Insurance Company. Suddenly, the petitioner received a notice dated 9-2-2001 from respondent No. 1 terminating the monthly ten
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