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2010 Supreme(Bom) 210

ROSHAN DALVI
Areva T & D India Ltd. – Appellant
Versus
R. Govindrajan – Respondent


Advocates appeared:
For the Petitioner:K. Presswalla with R.M. Pardiwala i/by M/s.Mulla & Mulla & CBC, Advocates. For the Respondents:R2, V.Y. Sanglikar, Advocate.

Judgment :-

1.Rule. Rule is made returnable forthwith.

2.The Petitioner is an occupant of a part of the Ground Floor and the 1st Floor of Magnet House at Ballard Estate, Mumbai, which is owned by Respondent No.1. Respondent No.2 disputes the tenancy. Respondent No.2 claims that its tenant was one Alstom Ltd. (Alstom) and the Petitioner is the sub-tenant of Alstom under the subtenancy illegally created without the permission and consent of Respondent No.2. Respondent No.2, therefore, contends that the Petitioner is an unauthorised occupant of the aforesaid premises. Since that is the Public Premises, Respondent No.2 has initiated proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (the PP Act), upon giving show cause notice to the Petitioner as to why the Petitioner cannot be evicted therefrom.

3.To show that the Petitioner is not an unauthorized occupant and not a sub-tenant of Alstom, the Petitioner has produced before the Court documents since its inception relating to the title of Respondent No.2 and the lease created by Respondent No.2.

4.Under a Deed of Lease dated 26.3.1965, the predecessor-in-title of Respondent No.2 granted a lease to Gener

































































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