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1974 Supreme(Bom) 81

G.N.VAIDYA
UDYOG MANDIR PREMISES CO-OPERATIVE SOCIETY LTD. – Appellant
Versus
CONTESSA KNIT WEAR – Respondent


JUDGMENT-Petitioner, Udyog Mandir Premises Co· operative Society Ltd., is a co-operative society, registered under the Maharashtra Co-operative Societies Act, 1960. On June 11, 1973, opponent No. 1, M/s Contessa Knit Wear, filed, in' the Court of Small Causes at Bombay, a declaratory suit, being Suit No, 771/2858 of 1973, against opponent No.2 as defendant No.1, Suresh Gurbuxani, opponent No.3 as defendant No.2, Mrs. Kenu S. Gurbuxani and opponent No.4, as defendant No.3 M/s Weather Works Ltd., praying for a declaration that opponent No. I was the legal and lawful tenant in respect of Unit No.3 situated on the 2nd floor in Plot No. 339 of Udyog Mandir Industrial Estate, Pitamber Lane, Mahim, Bombay 16, and was fully protected under the Bombay Rent Act notwithstanding the fact that it was inducted into the premises under an agreement of leave and licence dated July 23, 1972 for a period of eleven months, before the expiry of which the Bombay Rents. Hotel and Lodging House Rates Control Act, 1947, was amended by the Maharashtra Act XVII of 1973 which came into force on February 1, 1973. Opponent No. 1 also prayed for an interim injunction restraining the defendants from disturbing it














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