2006 Supreme(Bom) 1051
S.RADHAKRISHNAN
ZAHID AHMEDALI MAZGAONWALLA – Appellant
Versus
GULSHAN PYARALI MAZGAONWALLA – Respondent
ORAL JUDGMENT : - The respondent is the paternal aunt of appellant No. 1. Appellant No. 2 is the wife of appellant No. 1. The suit premises was tenanted by the appellant No. ls grand father Pyarali Mazgaonwalla since deceased in the year 1957. At the time of his death, the respondent and eight other siblings including appellant No.1 s father Ahmedali along with their mother lived in the suit premises. Admittedly, the rent receipts were issued in the name of the respondents father Pyarali until his death and continued to be issued in his name until December, 1974. Since 1st January, 1975, the rent receipts have been admittedly issued in the name ofrespondents mother - Jenabai on the basis of a Will left by Pyarali. Jenabai, during her lifetime, got the rent receipts transferred in favour of the respondent in 1981, as claimed by the respondent. The respondent, thereafter filed a suit, bearing Suit No. 1743 of 1992 before the Bombay City Civil Court for a declaration that she was solely entitled to the suit premises consisting of four rooms on the nnd floor of building known as "Haroon Manzil" and that the appellants have no right, title or interest in the suit premises, and for a
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