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1980 Supreme(Bom) 41

SHARAD MANOHAR
LALJI DHARAMSEY – Appellant
Versus
BHAGWANDAS RANCHCHODDAS – Respondent


JUDGMENT-The present case is a shining illustration of the stupefying manner in which a dishonest defendant, who now admits himself to be a rank trespasser on the premises initially allowed to be occupied by him as a matter of charity has persuaded the Courts to get enmeshed in procedural wrangles and to defeat just right of the plaintiffs.

2. The petitioners before me are the trustees of the Seth Khattau Morarji and others trust. This trust is the owner of building Narayan Niwas situate at Dadyseth Agiary Lane, Bombay. Two rooms on the 3rd floor of the said building are in the occupation of the present respondent. The said premises were given for occupation to the respondent by the 6 trustees of the trust in the year 1957. It is common ground before me that initially a rent of 50 p. per room was charged by the trustees to the respondent for occupation of the rooms but the trustees stopped charging even this negligible, nominal rent from the year 1960. Mr. Soochak appearing for the respondent has informed me that till the year 1960 the respondent was in the part time employment of the trust and that his grievance is that he was receiving only Rs. 15 as salary. However, he himself a

















































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